Based on Article 95 item 3 of the Constitution of Montenegro I hereby adopt the

DECREE
ON PROMULGATION OF THE FOREIGN NATIONALS LAW
I hereby promulgate the Foreign Nationals Law, adopted by the Parliament of Montenegro of 26th
convocation at the session of first extraordinary seating in 2018, on February 14, 2018.
Number: 01-205/2
Podgorica, February 19, 2018
President of Montenegro,
Filip Vujanović, s.r.
Based on Article 82 paragraph 1 item 2 of the Constitution of Montenegro and Amendment IV
paragraph 1 to the Constitution of Montenegro, the Parliament of Montenegro of the 26th convocation at
the session of first extraordinary seating in 2018, on February 14, 2018, adopted the

FOREIGN NATIONALS LAW

The Law was published in the Official Gazette of

Montenegro 12/2018 of 23 February 2018, entered into
force on 3 March 2018, and provision of Article 50
paragraph 5, Article 67 paragraph 1 item 5, 6 and 7,
Article 115, Article 120, 121 and 122, Article 150 to 203,
Article 210 paragraph 1 item 12, 13 and 14 and Article
215 of this Law will apply from the day of accession of
Montenegro to the European Union, provision of Article
81 of this Law will apply from 1 January 2020 and until
31 December 2019 Article 79 of this Law will apply to
submission of requests for issuing temporary residence
and work permit for seasonal work and delivery of such
permit.

I. GENERAL PROVISIONS

Subject matter of the Law

Article 1
This Law shall regulate the conditions of entry into, exit from, movement throughout, stay and
work of foreign nationals in Montenegro.

Compliance with regulations

Article 2
During his movement, stay and work in Montenegro, a foreign national shall be obliged to
comply with the regulations that are in force in Montenegro and decisions made by the state
authorities of Montenegro.

Foreign national means any citizen of another state or a stateless person.

A stateless person is a person who is not considered as a national by any state under the
operation of its law.

Personal data protection right

Article 3
A foreign national shall be entitled to the protection of his personal data that is being processed,
in accordance with the Law governing personal data protection.

Exemptions
Article 4
This Law shall not apply to a foreign national who enjoys the privileges and immunities under
the international law, unless otherwise has been provided for by this Law.

Gender-sensitive language
Article 5
Terms used in this law in the masculine gender shall be considered as including the
feminine gender.

Definition of Terms
Article 6
Particular terms used in this Law shall have the following meanings:
1) foreign travel document means any personal, family, collective, diplomatic and service
passport, and any seaman’s book, shipping book or any other travel document recognized
under international treaties, according to which the identity of its holder can be confirmed
and which has been issued pursuant to the regulations on issuing travel documents of another
state;
2) country of origin is any state that has issued a foreign national a foreign travel document
with which he entered Montenegro i.e. a state where a stateless person was born;
3) carrier is any legal entity or entrepreneur registered to conduct business activity of passenger
land, sea, lake, river and air transportation;
4) employer is a national or a foreign legal entity, i.e. a part of a foreign company with its
registered office based in, or a natural person domiciled in Montenegro, who employs a
foreign national ;
5) foreign company is a legal entity or entrepreneur who carries out an economic or other
activity and has their registered office based outside Montenegro;
6) an accommodation provider is a company, legal entity, entrepreneur and natural person
performing tourism and hospitality business activity, i.e. providing the tourism and
hospitality services pursuant to the Law regulating tourism, and any other company,
entrepreneur and legal entity or natural person who provides other persons with the
accommodation for a fee, i.e. who organizes accommodation for their employees or
members, including the accommodation in a closed type building;
7) a third-country national is a foreign national without any European Union Member State
citizenship;
8) internal security is the protection of citizens’ security; safeguarding freedoms and rights and
property enshrined in the Constitution; preventing committing of and detecting criminal
offences and misdemeanors; finding perpetrators of criminal offences and misdemeanors;
and maintaining public order and peace;

II. ENTRY AND EXIT OF FOREIGN NATIONAL

Control at border crossing points

Article 7
Whenever entering Montenegro and exiting from it, a foreign national shall be under an
obligation to undergo the border control pursuant to the Law regulating border control.

Entering Montenegro shall mean crossing the state border, i.e. a border crossing point where
border controls are performed.

Refusal of Entry
Article 8
A foreign national shall not be allowed to enter Montenegro, if:
1. he does not possess a valid travel or another document referred to in Article 9 of this
Law;
2. he uses somebody else’s, an invalid i.e. a forged travel or another document;
3. he does not hold a valid visa or a residence permit;
4. he uses somebody else’s, an invalid i.e. a forged visa or a residence permit;
5. he does not hold evidence satisfying the purpose and requirements of the intended stay;
6. within a 180-day period he already stayed for 90 days in the territory of Montenegro;
7. he lacks sufficient resources both to support himself during the intended stay in
Montenegro and for returning to the state from which he has come or for a travel to a
third country;
8. where there is the expulsion of a foreign national from the country as a security measure
or the expulsion of a foreign national from the territory of Montenegro as a protection
measure or the measure referred to in Article 110 of this Law is in force, or an entry ban
has been imposed on him;
9. where national i.e. internal security or public health-related reasons require that.
In the case referred to in paragraph 1 above the administrative authority in charge of police
affairs (hereinafter referred to as the Police) shall adopt a decision on the refusal of entry.

A decision on refusal of entry shall be made without hearing the foreign national concerned.

The decision on refusal of entry may be subject to an appeal that is submitted via the nearest
diplomatic or consular mission of Montenegro abroad (hereinafter referred to as the Diplomatic
and Consular Mission), within eight days as of the day of receiving the decision.
The state administration authority in charge of internal affairs (hereinafter referred to as the
Ministry) shall decide on the appeal referred to in paragraph 4 above.

The appeal referred to in paragraph 4 above shall not postpone the decision enforcement.

Exceptionally, the appeal referred to in paragraph 4 of this Article shall postpone the decision
enforcement if the Police estimates that the life or freedom of the foreign national are
jeopardized in the country of origin due to his racial, religious or national affiliation, due to the
affiliation to a particular social group or due to political opinion, or where he could be subject to
torture or inhuman and degrading treatment or punishment, or he could be subject to a death
penalty, as well as his returning to a country where there is danger of him being forcibly returned
to the country of origin.

The refusal of entry shall be affixed to the foreign national’s travel document.

The Police shall keep records on the refusal of entry imposed on foreign national.

The Ministry shall set down the form and manner for affixing the refusal referred to in paragraph
8 above.

Entry, Movement and Stay

Article 9
A foreign national may enter, move throughout and stay in Montenegro if he holds a valid
foreign travel document with a visa affixed to it, or a valid foreign travel document accompanied
by a temporary residence permit, a temporary residence and work permit or permanent residence
permit, unless otherwise provided for under this Law or an international treaty.

A foreign travel document issued in the last ten years and whose validity shall not expire at least
three months after the planned date of departure from the territory of Montenegro shall be
deemed valid.
Notwithstanding paragraph 2 of this Article, in a justified emergency, the validity period of the
foreign travel document may be shorter, but it cannot expire before the planned date of departure
from the territory of Montenegro.
A foreign national whom Montenegro is under an obligation to admit pursuant to an international
treaty and where it is required for humanitarian, or internal security or public health reasons may
enter Montenegro without a valid foreign travel document.

Certain countries’ nationals may enter Montenegro also if they hold a valid identity card issued
by the competent authority of another country, or any other document based on which their
identity and nationality can be confirmed, in accordance with an international treaty or the
regulation on the visa regime referred to in paragraph 2 of Article 14 of this Law.

A foreign national’s stay in the transit area of an airport or within the anchorage area of a port or
a quay shall not be considered an entry into Montenegro in terms of this Law.

Restriction of or ban on movement

Article 10
A foreign national’s movement within a certain region of Montenegro shall be restricted or
banned where national i.e. internal security or public health reasons require so, according to the
law.

Entry of a foreign national holding multiple citizenships

Article 11
If a foreign national who has entered Montenegro has multiple citizenships, he is considered a
citizen of the state who issued him with a foreign travel document with which he entered
Montenegro.

During his stay in Montenegro, the foreign national referred to in paragraph 1 of this Article
shall be under an obligation to use the foreign travel document with which he entered
Montenegro.

Entry and Exit based on collective travel document

Article 12
A foreign national whose name is entered in the foreign travel document of another person may
enter into and exit from Montenegro only accompanied by the person holding the foreign travel
document in which his name is entered.
Foreign nationals holding either a collective passport or another collective foreign travel
document may enter into and exit from Montenegro only if they are together.

Each of foreign nationals whose name is in the travel document referred to in paragraph 2 above
must hold also another document--with his personal photo in it—to serve as his own
identification.

The leader of such group of foreign nationals must hold his personal passport.

Obligations of the Carrier

Article 13
A carrier may bring a foreign national to a border crossing point or to the territory of
Montenegro if the foreign national meets the requirements referred to in Article 9 of this Law.

If a foreign national is not permitted to enter Montenegro, the carrier shall be under an
obligation to transport back the foreign national from the border crossing point or from
Montenegro at his expense, and where that is impossible, the carrier shall be under an
obligation to find a different manner of transport for foreign national at his own expense or,
where such different manner of transport is impossible, the carrier shall be under an obligation
to bear costs that are incurred during the foreign national's stay and his transport back.

The provision of paragraph 2 above shall be also applicable to a carrier that has brought a
foreign national who is transiting the territory of Montenegro if the carrier refused to transport
the foreign national to the country of destination or if the foreign national is subject to an entry
ban imposed by that country.

An organizer of tourist or business travels who delivers services to a foreign national shall bear
the costs incurred by forced removal of that foreign national from Montenegro including the
costs incurred due to the foreign national's stay in a reception centre for foreigners if the
foreign national has been subjected to forced removal in accordance with this law, and does not
have sufficient resources to compensate for the costs.

Any natural person or any legal entity upon whose invitation a foreign national has been either
issued a visa or granted entry in Montenegro shall also have the obligation referred to in
paragraph 4 above, if these costs cannot be compensated by the organizer of tourist or business
travels, i.e. by the foreign national concerned.
III. VISAS
Visas and visa regime
Article 14
A visa is the permission ensuring a foreign national to enter, stay in and transit the territory of
Montenegro.
 Upon a proposal of the state administration authority in charge of foreign affairs, the
Government of Montenegro (hereinafter referred to as the Government) shall regulate the visa
regime.

Visa Types
Article 15
In terms of this Law, an airport-transit visa (A Visa), a short stay visa (C Visa) and a long stay
visa (D Visa) shall be considered as a visa.

Airport transit visa (A Visa)

Article 16
A foreign national shall be issued an airport-transit visa (A Visa) for single or multiple
transiting through an international transit terminal of an airport during a layover or a transfer
between two international flight legs, without actually entering the territory of Montenegro.

A foreign national who does not leave an airplane or international transit terminal of an airport
of Montenegro during his stopover at the airport shall not be required to have a visa.

In the event referred to in paragraph 2 of this Article, whereas due to national and/or internal
security reasons, the Government may require certain countries’ nationals to hold airport-transit
visas (A visa).
Issued airport-transit visa validity shall include also the additional 15-day period.

With the exception of paragraph 4 above, the additional period shall not be approved if internal
security reasons require so.

Multiple-entry airport transit visa (A visa) shall be issued with a validity period of up to six
months.

The state administration authority in charge of foreign affairs shall regulate an airport transit visa
(A visa) issuing requirements in more details.

Short stay visa (C Visa)

Article 17
A short stay visa (C Visa) shall be issued for purpose of transiting through Montenegro or for
entering as well as for staying in the territory of Montenegro, whereas such stay may not be
longer than 90 days within a time period of 180 days counted as of the first day of entry.

A short stay visa (C Visa) shall be issued as single-, double- or multiple-entry visa for entering
Montenegro.
Multiple-entry short stay visa (C Visa) validity shall range from six months to five years if a
foreign national
1. has proved a need for traveling or has justified his intention to travel frequently i.e.
regularly, while particularly for business or family reasons, and
2. has proved that he will not misuse an issued visa, in particular by using visas previously
issued according to the Law, having funds he has in the country of origin and by his
actual intention to leave the territory of Montenegro prior to the expiration of the visa he
requested.

In an event of transiting through Montenegro, the period for which a short stay visa (C Visa) is
issued should correspond to the time required by such transiting.

The short stay visa validity shall include also the additional 15-day period.

Notwithstanding paragraph 5 above, the additional period shall not be approved if internal
security reasons require so.

A foreign national coming for a private or a business visit to a natural person or a legal entity in
Montenegro may be required to present an affidavit of support i.e. a letter of invitation or any
other evidence corroborating that the natural person or the legal entity will bear his stay in
Montenegro-related costs, including also his accommodation and support costs and those for his
departure from Montenegro.

An issued short stay visa (C Visa) shall not be any guarantee that a foreign national will be
permitted to enter Montenegro.

The state administration authority in charge of foreign affairs shall regulate in more details short
stay (C Visa) issuing requirements.

Long stay visa (D Visa)

Article 18
A foreign national intending to stay in Montenegro for longer than 90 days—for performing
business activities or work or serving in foreign accredited diplomatic and consular missions and
representative offices of international organizations in Montenegro—but not for longer than 180
days—counted as of the first entry day—in a time period of one year, shall be issued a long stay
visa (D Visa).

A long-stay visa (D Visa) shall be issued as single- or multiple-entry visa for entering
Montenegro.
A foreign national holding an affidavit of support i.e. a letter of invitation issued by either a
natural person or a legal entity, or other evidence corroborating that the natural person or the
legal entity will bear his stay in Montenegro-related costs, including also his accommodation and
support costs and those for his departure from Montenegro, may be issued a long stay visa (D
Visa).

A long stay visa (visa D) may be issued to a foreign national who intends to stay in
Montenegro for purpose of performing service in a foreign diplomatic or consular mission
and representative office of international organizations, accredited in Montenegro, if he has
evidence on performance of service in such mission or representative office.

The state administration authority in charge of foreign affairs shall regulate a long stay visa (D
Visa) issuing requirements in more details, upon previously obtained opinion of the Ministry.

Visa issuing competence

Article 19
A foreign national who needs a visa to enter Montenegro shall be under an obligation to obtain
the visa prior to entering Montenegro.

The state administration authority in charge of foreign affairs shall issue visas through a
diplomatic and consular mission.
Prior to issuing a visa, the state administration authority in charge of foreign affairs shall obtain
the respective consents of the National Security Agency of Montenegro (hereinafter referred to
as the Agency) and the Police, for finding out whether there are any national and/or internal
security reasons preventing a visa issuing, and for a long stay visa (D Visa) issuing for work
purposes, the consent of the Ministry shall be obtained as well.

The Agency, the Police and the Ministry shall be under an obligation to submit to the state
administration authority in charge of foreign affairs with the consent referred to in paragraph 3
above, promptly within the period of not later than seven days as of the day of receiving such
consent request.

If the state administration authority in charge of foreign affairs does not receive the Agency, the
Police or the Ministry’s consents respectively within the deadline referred to in paragraph 4
above, it shall be considered that reasons referred to in paragraph 3 above for a visa issuing do
not exist.

Notwithstanding paragraph 3 above, a foreign national who is to come at a state authority, a

state administration authority and a diplomatic or consular mission head’s invitation may be
issued a single-entry short stay visa (C Visa), without a consent from the Police and the Agency.
The state administration authority in charge of foreign affairs shall be under an obligation to
inform immediately both the Police and the Agency of any visa issuing according to paragraph 6
above.

A visa may be issued also by the Police at a border crossing point, according to Article 31 of this
Law.

The state administration authority in charge of foreign affairs shall regulate visas issuing
requirements in more details.

Representation
Article 20
In the countries wherein Montenegro does not have their diplomatic and consular mission,
another country’s diplomatic or consular mission may represent Montenegro during the visa
issuing procedure, according to both an international treaty and a law governing foreign affairs.

Visa application submission

Article 21
A visa application shall be submitted to a diplomatic and consular mission, in the required form
and personally.

A foreign national whose name has been entered in the travel document of another foreign
national who is a visa applicant, such foreign national shall submit a visa application in the
required form referred to in paragraph 1 above.

A visa application shall be accompanied by a travel document, a photo, the evidence of the
purpose and circumstances of transiting through or staying in Montenegro and a evidence of
administrative fee payment.

Notwithstanding paragraph 1 above, a foreign national’s visa application may be submitted by

the authorized foreign legal entity referred to in Article 22 of this Law.

The state administration authority in charge of foreign affairs shall set down the visa application
form referred to in paragraph 1 above and the evidence of the purposes and circumstances of
transiting through or staying in Montenegro referred to in paragraph 3 above.

Visa application submission via authorized person

Article 22
The state administration authority in charge of foreign affairs may authorize a foreign legal entity
to gather visa applications and the required enclosed documents in another country.
 Travel medical insurance
Article 23
A foreign national applying for issuing of a single- or double-entry short stay visa (C Visa) for
Montenegro shall be under an obligation to prove his possession of appropriate and valid travel
medical insurance to cover costs that might be incurred due to his returning back to the country
of origin from which he came, due to health reasons, emergency medical care needed i.e.
emergency hospital treatment, or death during his stay in Montenegro.

A foreign national applying for a multiple-entry short stay visa (C Visa) for Montenegro shall be
under an obligation both to prove his holding an appropriate travel medical insurance the validity
of which is lasting for as long as the period of his first intended visit and to give a signed
statement acknowledging his obligation to have travel medical insurance for the purposes of his
future visits.

Notwithstanding paragraphs 1 and 2 above, the evidence of travel medical insurance shall not be
mandatorily submitted by
1. holders of diplomatic travel documents,
2. seafarers and other persons who already have their respective professions-based travel
medical insurances.

Travel document to which visa is affixed

Article 24
A visa may be issued if a foreign travel document
1. is valid for at minimum three months after the intended date for departure from
Montenegro, or, in an event of multiple visits, after the last intended date for departure
from Montenegro;
2. comprises at minimum two blank pages;
3. its issuing took place within a past ten-year period.

Notwithstanding item 1 in paragraph 1 above, in justifiable and urgent events, a visa may be
affixed to a foreign travel document whose validity is shorter, whereas such visa validity period
may not be longer than the foreign travel document’s validity.

Deadline for decision on visa application

Article 25
A visa application shall be decided within ten days as of the application day.

The deadline referred to in paragraph 1 above may be extended for up to 30 days where there is a
need to have an application additionally considered.
Exceptionally, where a visa issuing requires additional documents to be provided, the deadline
may be extended for up to 60 days.

Visa issuing method

Article 26
A visa is granted in the form of a visa sticker affixed to the valid foreign travel document.

Notwithstanding paragraph 1 above, where a travel document does not comprise at least two
blank pages or it has not been issued within a preceding ten-year period, a visa shall be entered
in the mandatory visa form if so is required by humanitarian reasons or a Montenegrin national
interest.

The state administration authority in charge of foreign affairs shall regulate the visa form and
manner in which the visa is affixed to a foreign travel document as well as the visa form referred
to in paragraph 2 above.

Reasons to refuse visa issuing

Article 27
A foreign national shall not be issued a visa if
1. he has enclosed a damaged, forged or somebody else’s travel document with his visa
application;
2. he has not supplied evidence justifying the purposes and circumstances of the intended
stay;
3. he has not submitted a evidence of either his possession of sufficient resources for his
support during the time of his intended stay in Montenegro, for his return to his country
of origin or residence or for his transiting to a third country that admits him or he cannot
obtain such resources in a legal manner;
4. he stayed in Montenegro for 90 days, whereas 180 days have not passed as of the day of
his first entry;
5. he has been imposed the entry and stay ban in Montenegro, or he has been subjected to
international measures for entry restrictions which bind Montenegro;
6. if so is required by the Montenegrin national i.e. internal security, or public health
reasons;
7. he has not submitted the evidence of travel medical insurance;
8. there are grounds for suspicions about the authenticity of submitted evidence and their
respective contents, trustworthiness of statements of the foreign national , or about his
intention to leave Montenegro prior to the expiration of the requested visa validity period.

In the events referred to in paragraph 1 above, the state administration authority in charge of
foreign affairs shall issue a decision on rejecting to issue such a visa to a foreign national.
An appeal against the decision referred to in paragraph 2 above may be submitted to the state
administration authority in charge of foreign affairs—via the diplomatic or consular mission
within eight days as of the day of receiving the decision.

In an event of the visa issuing rejection, on the day the decision becomes final, i.e. legally
effective, the foreign national concerned shall be given back the documents he enclosed to his
visa application.

Exceptionally, also where there are the reasons referred to in paragraph 1 above and if so
required by humanitarian reasons, Montenegro’s interests or undertaken international
commitments, a foreign national may be issued a visa.

In the case referred to in paragraph 5 of above, a foreign national may be allowed to enter only at
a certain border crossing point.

Short stay visa (C Visa) extension

Article 28
A short stay visa (C Visa) validity may be
1. extended for humanitarian or Force Majeure reasons;
2. extended for serious personal reasons.

A visa extension application of a short stay visa (C Visa) shall be submitted to the Police in the
place of a foreign national’s stay, prior to the visa validity expiration and in the required form.

The visa validity period of the short-stay visa (C Visa) may be extended only where an applicant
presents evidence of humanitarian or Force Majeure reasons, or serious personal reasons
existing.

The Police shall issue a decision concerning the application referred to in paragraph 2 above
within seven days.

Pending the adoption of the decision referred to in paragraph 4 above, a foreign national
concerned may stay in Montenegro.

In an event of the approval of a visa validity extension for short stay visa (C Visa), the Police
shall have the visa sticker affixed to the foreign travel document in accordance with Article 26 of
this Law.

The visa extension of the short stay visa (C Visa) shall be refused where there are reasons
referred to in Article 27 paragraph 1 of this Law.
If a foreign national withdraws the application referred to in paragraph 2 above, the Police shall
abort the procedure.

In the event referred to in paragraphs 7 and 8 above, a foreign national concerned shall be given
back the documents he enclosed to his application.

Visa annulment and revocation

Article 29
A visa shall be annulled where subsequent findings have shown that requirements for its issuing
were not met or where there are serious grounds for a suspicion that the visa was issued based on
incorrect and untrue data or false evidence.

A visa shall be revoked where findings have shown that requirements for its issuing are not met
any more.

A visa shall be annulled or revoked upon a decision made by either the diplomatic or consular
mission or the Police.

A foreign national shall be served his visa annulment or revocation decision.

An appeal against the decision referred to in paragraph 4 above may be submitted to the state
administration authority in charge of foreign affairs—via the diplomatic or consular mission and
within eight days as of receiving the decision.

Such appeal shall not postpone the enforcement of the decision referred to in paragraph 4 above.

A visa may be revoked also upon a personal request of the foreign national to whom it was
issued via decision of a diplomatic or consular mission or the police. In that event, no appeal
shall be allowed.

In an event of issuing the decision referred to in paragraph 4 and 7 above, the annulment of the
visa sticker affixed to a foreign travel document shall be carried out, in the manner as prescribed
by the state administration authority in charge of foreign affairs.

Visa issuing at border crossing point

Article 30
At a border crossing point and upon his personal request, a foreign national may be issued a short
stay visa (C Visa)
1. for a 15-day stay;
2. for purposes of transit.
The visa referred to in paragraph 1 above may be issued to a foreign national if
- he has not been in situation both to submit a visa application according to Article 21 of
this Law and to present the documents proving the existence of unexpected and
imperative reasons for entering Montenegro;
- he has made his return to the country of origin or residence or transit certain;
- the reasons referred to in Article 27, paragraph 1, item 1 through 6 and item 8 of this
Law, do not exist; and
- his travel document meets the requirements referred to in Article 24, paragraph 1, items
1and 3 of this Law.

When a visa application is submitted at a border crossing point, the applicant does not have to
provide travel medical insurance if it cannot be obtained at the border crossing point or in case of
entering Montenegro for humanitarian reasons.
Visa issuing at the border crossing point to a seafarer
Article 31
A transit short stay visa (C Visa) shall be issued at a border crossing point to a seafarer if:
1) he is the holder of seaman’s book or another document that is recognized as the seafarer
identification document according to the provisions of international treaties; and
2) he meets the requirements referred to Article 30, paragraph 2 indents 1, 2 and 3 of this
Law, and he is crossing the border of Montenegro in order to sign on, re-sign on or sign
off from a vessel on the board of which he has, will have or had his job as a seafarer.

While applying for the visa referred to in paragraph 1 above, a seafarer need not present his
travel medical insurance where it is impossible to obtain it at the border crossing point or in the
case where he is entering Montenegro due to humanitarian reasons.

In an event of issuing the visas referred to in paragraph 1 above and paragraph 1 of Article 30 of
this Law respectively, the Police shall either affix the visa sticker to a foreign travel document or
enter it in the mandatory visa form in accordance with Article 26 of this Law.

Rejecting visa application at the border crossing point

Article 32
By their decision, the Police shall reject the visa applications referred to in paragraph 1 of
Articles 30 and 31 of this Law respectively if the prescribed requirements have not been met.

The decision referred to in paragraph 1 of this Article may be issued without the foreign
national's statement.

An appeal against the decision referred to in paragraph 1 above may be submitted to the state
administration authority in charge of foreign affairs—via the nearest diplomatic or consular
mission and within eight days as of receiving the decision.
Such appeal shall not postpone the enforcement of the decision referred to in paragraph 1 above.

The Police shall immediately inform the state administration authority in charge of foreign
affairs about the submitted visa applications and the issued visas referred to in Articles 30 and 31
of this Law as well as about the visa application rejection decisions referred to in paragraph 1
above.

IV. FOREIGN NATIONAL'S RESIDENCE

Types of residence
Article 33
In terms of this Law, a foreign national 's residence in Montenegro shall be
1. a stay of up to 90 days;
2. temporary residence;
3. permanent residence.
1. Stay for up to 90 days

Right to stay for up to 90 days

Article 34
A foreign national may stay in Montenegro for up to 90 days based on a short stay visa (C Visa)
or without a visa, according to the visa regime regulation referred to in paragraph 2 of Article 14
of this Law.

In the event referred to in paragraph 1 above, a foreign national may stay in Montenegro for up
to 90 days in 180-day period counted as of the day of his first entry, unless otherwise has been
provided for by this Law or an international treaty.

A foreign national who stayed in Montenegro for 90 days in accordance with paragraphs 1 and 2
above may re-enter and stay in Montenegro after a 180-day period expiration counted as of the
day of the first entry.

Reasons for canceling stay of up to 90 days

Article 35
A stay of up to 90 days of a foreign national may be cancelled if:
1) he does not meet entry and stay requirements in Montenegro as prescribed by this Law;
2) this is required by national, or internal security reasons;
3) he does not justify the purposes and circumstances of his entry and stay of up to 90 days;
4) he has been returned to Montenegro pursuant to an international agreement (readmission),
due to an illegal stay;
 5) there are grounds for suspicions that his stay is not for the purposes for which it was
approved;
6) he has not settled his financial and legal obligations that became due pursuant to a final
judgment rendered by the court.

Deciding upon the up to 90-day stay cancellation

Article 36
The Police shall both issue a decision concerning a stay cancellation referred to in Article 35 of
this Law and enter such stay cancellation in a foreign travel document.

The decision referred to in paragraph 1 above shall set down the deadline within which the
foreign national concerned must leave the territory of Montenegro, while the ban from entering
Montenegro may be imposed as well.

The entry ban period referred to in paragraph 2 above may range from 30 days to one year and it
shall be counted as of the day of leaving Montenegro.

The Ministry may be presented an appeal against the decision referred to in paragraph 1 above,
within eight days as of the day of receiving the decision.

The appeal referred to in paragraph 4 above shall not postpone the decision enforcement.

The Ministry shall set down the manner in which a stay cancellation referred to in paragraph 1
above shall be entered.

Long-stay visa (D Visa)-based stay cancellation

Article 37
The provisions of Articles 35 and 36 of this Law shall be accordingly applied to a foreign
national's stay cancellation based on issued long-stay visa (D Visa).

2. Temporary residence
2.1. Common provisions

Temporary residence purpose

Article 38
A temporary residence may be granted to a foreign national intending to stay in Montenegro for
longer than 90 days for the purposes of
1) family reunification;
2) schooling;
 3) participation in international student exchange programs or in other youth
programs;
4) specialization, professional competence training or practical training of foreign
nationals;
5) scientific research work;
6) medical treatment;
7) humanitarian reasons;
8) exercising the right to enjoy as well as to dispose of a real property owned in
Montenegro;
9) religious service;
10) volunteering in the European Voluntary Service Programme;
11) a stateless person’s stay;
12) work; and
13) other events, according to the law and an international treaty.

Temporary residence permit

Article 39
In the events referred to in Article 38, paragraph 1 items 1 through 11 and item 13 of this Law, a
temporary residence permit shall be issued.

A foreign national who has been issued a temporary residence permit may stay in Montenegro
according to the purposes for which the temporary residence was granted to him.

Temporary residence and work permit

Article 40
In the event referred to in Article 38, paragraph 1 item 12 of this Law, a temporary residence and
work permit shall be issued.

A foreign national 's work in terms of paragraph 1 above shall include employment, seasonal
employment and posted worker’s work.

Exceptionally, a foreign national may stay and work in Montenegro based on a work registration
certificate issued according to this Law.

Permit forms
Article 41
The permits referred to in Articles 39 and 40 of this Law shall be considered as public
documents by which a foreign national proves that he has been granted temporary residence i.e.
temporary residence and work.
The permits referred to in paragraph 1 above shall be issued in the prescribed form, according to
the European and international standards, and they shall comprise Montenegro’s Coat of Arms;
the name “Montenegro”; the permit’s designation; protective components; and sections for
entering personal and other data.

The data referred to in paragraph 2 above shall be: family name and first name; the unique
personal identification number of the foreigner; gender; nationality; day, month and year of birth;
the permit’s number; the permit issuing date; the permit validity expiration date; personal photo;
signature; issuing authority designation; the legal rationale for the permit issuing; information on
the right to employment and machine readable data.

Besides the data referred to in paragraph 3 of this Article, a temporary residence and work permit
form shall include also the following data: occupation; the employer’s designation i.e. first and
family name, registered office i.e. address, and tax identification number of the employer.

The Ministry shall enter the data referred to in paragraphs 3 and 4 of this Article in the permit
forms.

The data comprising machine readable data shall be set down by the Ministry, according to the
ICAO Dos 9303 recommendations.

The cost of developing the permit form referred to in paragraph 1 above shall be borne by the
applicant.

The form of the permit for temporary residence and permit for temporary residence and work as
well as the amount of the cost referred to in paragraph 7 of this Article, shall be defined by the
Ministry.

Competence for form developing

Article 42
The form for temporary residence permit and temporary residence and work permit form shall be
developed by the Ministry.

The Ministry may entrust developing the permit forms referred to in paragraph 1 above to a legal
entity, according to the regulations governing public procurements.

In the event referred to in paragraph 2 above, a contract shall stipulate the Ministry’s rights to
examine and control documents relating to developing, storing and delivering permit forms.

Requirements for permits issuing

Article 43
A foreign national may be issued a temporary residence permit and a temporary residence and
work permit if:
1) he possesses sufficient funds to support himself;
2) he has provided accommodation;
3) he holds health insurance;
4) he holds either a valid foreign travel document or identity card issued to him by
another country’s competent authority, the validity period of which must be at
minimum three months longer than the period of his granted stay, or a stateless
travel document;
5) he has not been imposed an entry and stay ban in Montenegro;
6) in Montenegro he has not been pronounced a final judgment sentencing him to an
effective imprisonment longer than six months, for a criminal offence that is
pursued ex officio, or a judgment legal effects ceased;
7) in his country of origin he has not been pronounced a final judgment sentencing him
to an effective imprisonment longer than six months, for a criminal offence that is
pursued ex officio, or a judgment legal effects ceased;
8) national and/or internal security or public health-related restrictions do not exist;
9) he has submitted evidence justifying his permit application.

Where it is about issuing the permit referred to in paragraph 1 above to a foreign national under
the age of 16, it shall not be required to supply the evidence referred to in items 6 and 7 of
paragraph 1 above.

2.2 Temporary residence permit

Temporary residence for family reunification
Article 44
A temporary residence permit for family reunification shall be granted to a foreign national who
is an immediate family member of a Montenegrin national or who is an immediate family
member of another foreign national who has been granted either a permanent residence or a
temporary residence in Montenegro.

In terms of paragraph 1 above, immediate family shall be:

1.spouses,
2.their minor children born in or out of wedlock,
3.step children and adopted children until they turn 18,
4.parents or adoptive parents of minor children.

With the exception of paragraph 2 above, another relative may also be considered as an
immediate family member if there are distinct, personal or humanitarian reasons for family
reunification in Montenegro.
In the case of a polygamous marriage, family reunification shall be allowed only to one spouse.

The temporary residence permit referred to in paragraph 1 above shall not be issued to a family
member of a foreign national who has been issued a residence and work permit for seasonal
employment.

Temporary residence permit for family reunification shall be issued with a validity period not
exceeding one year, or until the expiry of the validity period of the temporary residence permit of
the foreign national with whom the reunification is requested.

Family reunification-based extended stay (autonomous residence)

Article 45

Temporary residence permit for family reunification may be extended where the Montenegrin
citizen has deceased, as well as in an event of the dissolution of marriage that lasted continuously
for at minimum three years in Montenegro.

The permit referred to in paragraph 1 above shall be extended, i.e. issued to a child who has
attained the age of majority, where he or she fulfills the requirements referred to in items from 1
to 8 of paragraph 1 of Article 43 of this Law and where he or she had a granted temporary
residence in Montenegro for a continuous three-year period for purpose of family reunification.

Marriage of Convenience
Article 46
Temporary residence permit for family reunification shall not be granted to a foreign national if
it has been found that the marriage was concluded as one of convenience.

In terms of paragraph 1 above, a marriage of convenience is considered to be the marriage that a

foreign national entered into with the sole aim of obtaining an entry into or residence in
Montenegro contrary to this Law.

Circumstances that may indicate that a marriage is one of convenience are as follows:
1)spouses do not observe the marital community;
2)spouses fail to fulfill marriage obligations;
3)spouses have not met before the conclusion of their marriage;
4)spouses do not speak a language they both understand;
5)spouses do not provide true personal data;
6)funds were given to conclude the marriage, however, not as a custom of giving dowry,
where the spouses come from the countries cherishing the tradition of the dowry;
7)where there is evidence that the spouses used to conclude marriages of convenience
before either in Montenegro or in a foreign country.
 Temporary residence for schooling
Article 47
A temporary residence permit for schooling may be issued to a foreign national who meets the
requirements set down in Article 43 of this Law and who supplies his schooling certificate as
evidence substantiating the justification of his application.

The temporary residence referred to in paragraph 1 above—for the purposes of completing the
schooling—may be extended for maximum up to two years after the running out of the deadline
defined for schooling completion.

In order to have a temporary residence permit issued to a minor foreign national, a parental or
guardian or legal representative consent shall be required.

Temporary residence for the participation in international pupil and student exchange
programs or in other youth programs
Article 48
A foreign national coming to Montenegro for the participation in international pupil and
student exchange programs or in other youth programs may be issued a temporary
residence permit if he meets the requirements set down in Article 43 of this Law and if as
an evidence to substantiate the justification of his application he supplies also the
following:

1) certificate of the state administration authority responsible for the implementation of

international treaties on pupil or student exchange programs, corroborating the
participation of the foreign national in the international exchange program,

2) certificate of a competent authority or institution of financing the costs of schooling or

study, support, accommodation and health insurance as well as the costs of return of the
foreign national back to the country whose citizen he is.
In order to have the permit referred to in paragraph 1 above issued to a minor foreign national, a
parental or guardian or legal representative consent shall be required.

A student who has been issued the permit referred to in paragraph 1 above may work in
Montenegro, but no longer than 15 hours a week.

After the completion of studies, the foreign national referred to in paragraph 3 above who meets
the requirements set down in Article 43 of this Law may be issued a temporary residence permit
in Montenegro for a validity period of nine months in order to seek employment.
More detailed requirements and the manner of issuing a temporary residence permit for
participation in international pupil and student exchange programs or other youth programs shall
be prescribed by the Ministry, with the consent of the state administration authority competent
for education affairs.

Temporary residence for specialization, professional training or practical training of

foreign national
Article 49
A temporary residence permit for specialization, professional training or practical
training may be issued to a foreign national who fulfils the conditions as per Article
43 of this Law and evidences the grounds for application by presenting the certificate
of the competent authority, institution, or other legal entity in Montenegro that his/her
specialization, professional training or practical course was approved, as well as the
curriculum of the specialisation, professional training or practical training also
defining the duration thereof.
The permit referred to in paragraph 1 of the Article hereof may be issued to a foreign
national who has acquired a higher education qualification, for the purpose of professional
training of interns, or to a foreign national who studies in another country for the purpose of
practical training necessary to acquire a higher education qualification, who fulfils the
conditions as per Article 43 of this Law, and who in addition to submitting the
confirmation and the curriculum referred to in paragraph 1 of the Article hereof, shall
also submit the evidence of education level and qualifications acquired two years prior
to filing the application, i.e., the evidence of the obligation to attend practical training
for the purpose of acquiring a higher education qualification.

Professional training i.e., the practical training referred to in paragraph 2 of the Article
hereof shall be conducted in accordance with the curriculum containing:
1) description of the curriculum for professional training of interns i.e. for the practical
training of students, and training i.e. education objectives and phases;
2) length of internship i.e. of practical training;
3) number of hours of professional training of interns, i.e. the hours of practical
training;
4) method of conducting and supervising the professional training of interns, i.e. the
practical training;
5) rights and obligations between interns i.e. the students attending the professional
training and the employer.
The permit referred to in paragraph 1 of this Article shall be issued to a foreign
national who was granted specialisation, professional training or practical training or to
a foreign national who was granted professional training of interns or practical training
referred to in paragraph 2 of the Article hereof, provided that a prior approval has been
obtained from the state administration authority in charge of the matters for which the
permit is issued.
Temporary residence for scientific and research work
Article 50
A temporary residence permit for scientific and research work may be issued to a
foreign researcher who fulfils conditions as per Article 43, paragraph 1 items 1 and 2
and items 4 to 9 of this Law, and evidences the grounds for the application by submitting
the contract concluded with a scientific or research institution or institution of higher
education or with another legal entity or natural person, in accordance with the Law.
The researcher referred to in paragraph 1 of this Article shall be a foreign national
who has acquired an academic title of the Doctor of Philosophy or an appropriate higher
education qualification which enables him or her the access to doctoral programmes, and
who has been elected by a scientific and research institution or institution of higher
education or other legal entity or natural person in Montenegro to carry out scientific and
research activities for which such qualification is normally required.
The contract referred to in paragraph 1 of this Article shall include:
1) title or purpose of scientific and research activity or the research area;
2) commencement date and completion date or the assessed duration of the scientific
and research activity;
3) obligation of a foreign researcher that he shall complete a scientific and research
activity within the agreed period;
4) obligation of a scientific and research institution or institution of higher education
or other legal entity or natural person with whom the foreign researcher has concluded
the contract that they shall create the conditions for such a foreign national to complete
scientific and research activities;
5) information of conducting scientific and research activity in one or more EU
member states, if such information is known at the moment of the conclusion of the
contract.
Temporary residence permit for scientific and research work shall be issued with the
validity period of up to one year.
The foreign researcher who has been issued the temporary residence permit for
scientific and research work shall be entitled to the same tax reliefs as the Montenegrin
nationals, in accordance with the Law.
The foreign researcher referred to in paragraph 1 of this Article may work as a lecturer
or professor, however, not longer than 15 hours a week.
After the completion of the research, the foreign researcher, who meets the conditions
as per Article 43 of this Law, may be issued a temporary residence permit in Montenegro
with the validity period of nine months, for the purpose of seeking employment.
A foreign researcher, who has concluded the contract with a scientific and research
institution in an EU member state and under such contract his or her stay in such country
is approved, may work in Montenegro for the purpose of research without temporary
residence and work permit or work registration certificate, up to three months, provided
that he or she possesses sufficient funds to support himself or herself and that there are
no obstacles in terms of national i.e. internal security or public health.
A foreign researcher, who has concluded the contract with the scientific and research
institution in a EU member state, and under such contract his stay in such country is
approved, must have a temporary residence permit referred to in paragraph 1 of this
Article if he wishes to work in Montenegro for longer than three months for the purpose
of conducting a research.
A scientific and research institution, an institution of higher education, other legal
entity or natural person who has concluded the contract with a foreign researcher who
has been issued the permit referred to in paragraph 1 of this Article shall promptly inform
the Ministry of any circumstances which may prevent the enforcement of the contract.
More detailed conditions and manner of issuing temporary residence permit for the
purpose of scientific and research work shall be prescribed by the Ministry, with the
approval of the state administration authority in charge of scientific affairs.
Temporary residence for medical treatment
Article 51
A temporary residence permit for medical treatment in Montenegro may be issued
to a foreign national who fulfils the conditions as per Article 43 hereof and
evidences the grounds for his or her application by submitting a certificate issued
by healthcare institution in which he or she is to be treated, and which shall also
contain the time required for treatment.
A temporary residence permit for medical treatment may be extended for the
period which is necessary for the medical treatment of a foreign national.
Temporary residence for humanitarian reasons
Article 52
A temporary residence permit for humanitarian reasons may be issued to:
1) a foreign national presumed to have been the victim of a crime of trafficking in
human beings or of a crime of domestic violence;
2) a foreign minor, who has been abandoned or is a victim of organised crime, or is
without parental care for other reasons, or is unaccompanied, or according to the
employment regulations is illegally employed;
3) a foreign national for particularly justified reasons of humanitarian nature (events
of force majeure, severe illness, permanent disability and other justified cases whose
circumstances indicate their humanitarian character).
The foreign national referred to in paragraph 1 of this Article does not have to fulfil
the conditions as per Article 43 paragraph1 items 1, 2 and 3 of this Law.
A temporary residence permit for humanitarian reasons shall be issued based on
the appropriate evidence produced by an international organisation, non-
governmental organisation, or state administration authority who provides assistance
and protection to the foreign national referred to in paragraph 1 of this Article, or
evidence produced by a competent state authority confirming that the foreign national
collaborates in the investigation of criminal offences.
A temporary residence permit for humanitarian reasons shall be issued with the
validity period of up to one year and may be extended as long as the reasons
referred to in paragraph 1 of this Article exist.
Rights of foreign national with residence granted for humanitarian reasons
Article 53
The foreign national who has been issued a temporary residence permit for
humanitarian reasons shall have the right to accommodation, health care, education,
work, and financial assistance, in accordance with the Law.
Reflection period
Article 54
The foreign national for whom the police determines to be the victim of the crime of
trafficking in human beings shall have the right to decide, within 90 days, whether he or
she will cooperate in the criminal procedure or whether he or she will either join criminal
prosecution or become a witness in such a procedure (reflection period).
In cooperation with authorities, non-governmental and other organisations that are in
charge or that deal with the prevention, education, reporting, and prosecution of the
perpetrators and protection of the victims of trafficking in human beings and, in regard to
a minor foreign national, in cooperation with the Centre for Social Work, the police shall
establish if the foreign national is a victim of a crime of trafficking in human beings.
Protection of foreign nationals with residence granted for humanitarian reasons
Article 55
A foreign national who has been issued a temporary residence permit for humanitarian
reasons cannot be subject to forced removal due to an illegal entry or stay in
Montenegro.
The foreign national referred to in paragraph 1 of this Article, for whom there is a
reasonable concern that by giving a statement in a criminal procedure he or she could be
exposed to the threat for his or her life, health, physical integrity or freedom, shall be
provided with protection and the exercise of rights in accordance with the law governing
witness protection.
A minor foreign national, for whom it has been established to have been the victim of
a crime of trafficking in human beings, shall not be returned to any state if, after the
evaluation of the threat and his or her security, there are circumstances which indicate
that such return would not be in his or her best interest.
Temporary residence for use and disposal of the right to real estate
Article 56
A temporary residence permit for use and disposal of the right to real estate
possessed by a foreign national in Montenegro may be issued to a foreign national
who fulfils the conditions as per Article 43 of this Law and who evidences the grounds
for the application by submitting a real estate folio in the land register or other evidence
confirming the ownership of such real estate, in accordance with the law governing the
real estate cadastre.
For the purpose of paragraph 1 of the Article hereof, real estate shall be considered
family houses, country cottages, villas, apartments, hospitality industry facilities,
residential and office buildings, and business premises.
Temporary residence for the performance of a religious service in Montenegro
Article 57
A temporary residence permit for the performance of a religious service in
Montenegro may be issued to a foreign national who fulfils the conditions as per
Article 43 of this Law and who evidences the grounds for the application by submitting
the confirmation that the religious community in which he or she intends to perform a
religious ceremony and religious affairs has registered its activities and seat in
Montenegro in accordance with the regulations governing the legal status of religious
communities.
Temporary residence for volunteer service within the European Voluntary Service
Article 58
A temporary residence permit for volunteer service within the European Voluntary
Service may be issued to a foreign national aged between 18 and 30, who fulfils the
conditions as per Article 43 of this Law and who evidences the grounds for the
application by submitting the concluded contract on volunteer service signed for the
purpose of participation in the volunteer programme.
The European Voluntary Service is a service founded by the European Union, where
the European volunteering organisations participate, and which enables young people to
carry out volunteer service within the volunteer programme in certain European
countries.
Volunteer programme is the accepted activity programme implemented on the
principles of solidarity, and its objectives are of the general interest for non-profit
purposes, whereas the activities are not paid for, except for the reimbursement of costs,
i.e., pocket money.
Establishing the status and issuing
of travel document to a stateless person
Article 59
The application for establishing whether the applicant is a stateless person shall be
filed to the Ministry personally, in the place of residence, on the prescribed form,
whereof a certificate shall be issued.
The application referred to in paragraph 1 of this Article may not be filed by a foreign
national who has filed an application for the international protection in Montenegro, or
his or her status of a refugee has been recognised in Montenegro, or additional protection
has been granted to him or her, in accordance with the Law on Asylum ("Official Gazette
of the Republic of Montenegro ", number 45/06), or who has been granted asylum or
subsidiary protection in accordance with the law governing international and temporary
protection of foreign nationals.
In the procedure upon the application referred to in paragraph 1 of this Article, the
Ministry may obtain or exchange information with the state authorities, state
administration authorities, authorities of other states, and international organisations and
non-governmental organisations.
The Ministry shall decide on the application referred to in paragraph 1 of this Article
by issuing a Decision.
Under its Decision, the Ministry shall reject the application referred to in paragraph 1
of this Article, if:
- in the conducted procedure, it is established that the applicant is the citizen of a
particular state, or, that he or she may acquire the citizenship of another state according
to the laws of such state;
- this is required due to the reasons of national or internal security.
Against the decision referred to in paragraph 5 of this Article an appeal may be lodged
to the Ministry.
the Ministry shall issue to the person who in the conducted procedure is established to
be a stateless person, at personal request, a travel document for a stateless person, with a
validity period of one year.
The application for the issuing of a travel document referred to in paragraph 7 of this
Article shall be submitted to the Ministry in the place of residence, on the prescribed
form.
When filing the application referred to in paragraph 8 of this Article, the stateless
person shall be photographed, his or her fingerprints of two fingers shall be taken and the
digitalised personal signature, in accordance with the law governing the issuing of a
personal identity card.
The application form referred to in paragraphs 1 and 8 of this Article, more detailed
manner of conducting the procedure referred to in paragraph 3 of this Article, and a
travel document form for a stateless person, shall be prescribed by the Ministry.

Temporary residence of a stateless person

Article 60
The stateless person under Article 59 of this Law may be issued a temporary residence
permit provided that he or she fulfils the conditions as per Article 43 paragraph 1 items 2
to 5 of this Law, and evidences the grounds for application by submitting the evidence
that he or she has been actually residing in Montenegro for a minimum of three years
prior to filing the application and that he or she intends to continue his or her stay in
Montenegro.
A stateless person may stay in Montenegro based on a travel document for a stateless
person or temporary residence permit.
Application for issuing of temporary residence permit
Article 61
The application for issuing of a temporary residence permit shall be personally filed by
a foreign national, to the Ministry in the place of residence, on a prescribed form,
whereof a certificate shall be issued.
In addition to the application referred to in paragraph 1 of this Article, the foreign
national shall submit the evidence of the fulfilment of conditions as per Article 43
paragraph 1 items 1, 2, 3, 4, 7 and 9 of this Law.
When filing the application referred to in paragraph 1 of this Article, the foreign
national shall be photographed, his or her fingerprints of two fingers shall be taken and
the personal digitalised signature, in accordance with the law governing the issuing of a
personal identity card.
The fingerprints of two fingers and a signature shall not be taken from children
younger than 12 years of age.
The foreign national who prior to the expiry of residence period of 90 days, duly files
the application for the issuing of a temporary residence permit, may remain in
Montenegro until the issuing of an enforceable decision.
The application form referred to in paragraph 1 of this Article shall be prescribed by
the Ministry.
Deciding on the application
Article 62
A temporary residence permit shall be issued by the Ministry, upon previously
obtained opinion from the Agency and the police on the existence of any obstacles for
the reasons of national or internal security as per Article 43 paragraph 1 item 8 of this
Law.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 1 of this Article, and not later than ten days from the date of receipt of the
request for opinion.
 If the Ministry does not receive the opinions referred to in paragraph 2 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a temporary residence permit.
Decision on the application for the issuing of a temporary residence permit shall be
made within 40 days from the date when the application was duly filed.
Decision on the refusal of the application for the issuing of a temporary residence
permit shall be made under the Decision.
Against the Decision referred to in paragraph 5 of this Article, an appeal may be
lodged to the Ministry within eight days from the date of receipt of the Decision.
More detailed conditions and manner of issuing the temporary residence permit
referred to in Articles 44, 45, 47, 49, 51, 52, 56, 57, 58 and 60 of this Law shall be
prescribed by the Ministry.
Validity
Article 63
A temporary residence permit shall be issued for the validity period of up to one year.
Extension of temporary residence
Article 64
The foreign national shall personally file to the Ministry the application for the
extension of a temporary residence permit, in the place of residence, not later than within
30 days prior to the expiry of the validity period of the temporary residence permit.
In addition to the application referred to in paragraph 1 of this Article, submitted shall
be a valid foreign travel document or a personal identity card of a foreign national issued
by the authority of another country, or a travel document for a stateless person, or a
temporary residence permit issued to a stateless person and the evidence of the grounds
of application for the issuing of a temporary residence permit, and if five years have
passed from the date when the data under Article 61 paragraph 3 of this Law were taken,
the foreign national shall also provide those data.
In the event that the application for the extension of the permit is approved, a
temporary residence permit shall be issued with the new validity period of up to one
year.
The procedure of extension of a temporary residence permit shall be subject to the
provisions of Article 62 of this Law.
The application form referred to in paragraph 1 of this Article shall be prescribed by
the Ministry.
Termination of validity of the temporary residence permit
Article 65
A temporary residence permit shall cease to be valid:
1) upon the expiry of the validity period;
2) after the reasons for which the permit was issued have ceased to exist;
3) if during his or her temporary residence the foreign national stays outside
Montenegro for more than 30 days;
4) if the existence of the reasons as per Article 8 of this Law is subsequently
determined;
5) if the foreign national has been imposed a protective measure of expulsion of
foreign national from the country, a protective measure of expulsion of foreign national
from the territory of Montenegro, or the Decision has been issued as per Article 110 of
this Law;
6) if the foreign national does not use his residence in Montenegro for the purpose for
which such residence was granted;
7) in the event when a foreign national was granted a temporary residence permit for
the purpose of family reunification, and it is subsequently determined that the marriage
was arranged for convenience;
8) when a foreign national acquires the right to permanent residence.
Exceptionally from paragraph 1 item 3 of this Article, a temporary residence permit
shall not cease to be valid for a foreign national who, for justified reasons, stayed outside
Montenegro for up to 90 days, provided that he or she has previously informed the police
of the reasons for leaving Montenegro.
Exceptionally from paragraph 1 item 4 of this Article, a temporary residence permit
issued for family reunification shall not cease to be valid in the event of a severe illness
or disability of a foreign national which has occurred after the issuing of the residence
permit.
A temporary residence permit shall not cease to be valid for a foreign national who
was granted residence as per Article 38 paragraph 13 of this Law, despite the fact that he
has stayed outside Montenegro for longer than 30 or 90 days.
The police shall inform the Ministry of the reasons for termination of temporary
residence permit validity referred to in paragraph 1 items 2 to 7 of this Article.
the Ministry shall issue the Decision on the termination of temporary residence permit
validity as per paragraph 1 items 2 through 7 of this Article.
The Decision referred to in paragraph 6 of this Article shall determine the period
within which the foreign national must leave Montenegro, which may not be longer than
30 days, and also a entry and stay ban in Montenegro may be pronounced for the period
of one to five years.
The period of entry and stay ban referred to in paragraph 7 of this Article shall be
counted from the date of leaving Montenegro.
Against the Decision referred to in paragraph 6 of this Article an appeal may be lodged
to the Ministry, within eight days from the date of receipt of the Decision.

2.3. Temporary residence and work permit

Temporary residence for work

Article 66
In Montenegro, a foreign national may work under a temporary residence and work
permit or work registration certificate, unless otherwise provided for by this Law.
A foreign national may work in Montenegro only on jobs for which the temporary
residence and work permit or work registration certificate was issued to him or her, and
only for an employer who employs him or her.
The employer may assign the foreign national only to the jobs for which a temporary
residence and work permit or work registration certificate was issued to such a foreign
national.
In business premises or in the place of work of the foreign national, the employer must
keep the copy of the residence and work permit or the copy of the work registration
certificate of a foreign national who works for such an employer.
 The employer shall inform the Ministry of the termination of foreign national’s
employment prior to the expiry of the residence and work permit validity, and not later
than within eight days from the date of foreign national ’s termination of employment.
The employer shall not employ or use the work of a foreign national who illegally
resides in Montenegro.
Exceptions from the obtainment of permits
Article 67
A foreign national may work in Montenegro without a temporary residence and work
permit or work registration certificate, provided that he or she has:
1) a temporary residence permit for family reunification with a Montenegrin national
or with a foreign national who holds a permanent residence permit, temporary residence
permit for scientific and research work, or temporary residence and work permit for
movement of person within a foreign company;
2) temporary residence permit for studying;
3) temporary residence permit for humanitarian reasons;
4) temporary residence permit for a stateless person;
5) certificate of registered residence as per Article 152 of this Law;
6) temporary residence permit for a third-country national to whom permanent
residence in another member state of the European Union was granted;
7) temporary residence permit for family reunification with the holder of the EU Blue
Card as per Article 189 of this Law;
8) a recognised refugee status or granted additional protection in accordance with the
Law on Asylum ("Official Gazette of the Republic of Montenegro ", number 45/06), i.e.,
granted asylum or subsidiary protection or temporary protection in accordance with the
law governing international and temporary protection of foreign nationals.
A foreign national who holds a temporary residence permit for family reunification
with a foreign national who holds a temporary residence permit for work, may work in
Montenegro upon the expiry of one year from the issue date of temporary residence
permit.
The foreign national referred to in paragraph 1 of this Article shall have a free access
to the labour market of Montenegro, unless otherwise provided for by a special law.
In business premises or in the place of work of the foreign national, the employer must
keep the copies of the temporary residence permit, work registration certificate, or
evidence of the recognised refugee status and granted additional protection, or evidence
of the granted asylum or subsidiary protection or temporary protection referred to in
paragraph 1 items 1 through 8 of this Article.
The employer who employs the foreign national referred to in paragraph 1 of this
Article shall inform the Ministry thereof, within eight days from the date of employment
or beginning of work of the foreign national or from the employment termination of the
foreign national.
Purpose of temporary residence and work permits
Article 68
A temporary residence and work permit, according to its purpose, may be issued for:
1) employment of a foreign national ;
2) seasonal work of a foreign national ;
3) work of a posted worker.
 A posted worker is a foreign national who, for a limited period of time, works in
Montenegro which is not the country in which he or she usually works.
The permit referred to in paragraph 1 item 3 of this Article relates to:
1) provision of the agreed services;
2) movement of person within a foreign company.
Conditions for issuing of temporary residence and work permit for employment and
seasonal employment
Article 69
A temporary residence and work permit for employment and seasonal employment
shall be issued to a foreign national who fulfils the conditions as per Article 43 of this
Law, and evidences the grounds for application by submitting:
1) written offer of an employer for the employment of a foreign national at a
particular job position;
2) evidence of the acquired level of education and qualifications;
3) evidence of medical fitness;
4) excerpt from the document on job description of the employer.
The evidence referred to in paragraph 1 item 1 of this Article shall not be submitted
for entrepreneurs and executive directors of business entities where they are the only
owners or where they own more than 51% of equity, whereby they shall be obliged to
submit, in addition to the application, the evidence of ownership and registration of the
entrepreneur or a business entity.
A temporary residence and work permit for seasonal employment shall not be issued
to a foreign national if it is determined that such a foreign national intends to illegally
enter another country or does not intend to leave the territory of Montenegro on the date
of expiry of the temporary residence and work permit.
A temporary residence and work permit for seasonal employment shall not be issued
to a foreign national if:
1) the employer from whom he or she has received the offer has been punished due to
illegal employment or failure to register the work of foreign national;
2) if the bankruptcy procedure of the company which sent him or her the offer is
pending or such company has been in bankruptcy;
3) the employer from whom he or she has received the offer does not carry out the
business activity; or
4) the employer from which he or she has received the offer has been punished
because it failed to meet the liabilities for taxes and contributions for its employees.
Employment of foreign nationals
Article 70
A temporary residence and work permit for employment of a foreign national shall be
issued with the validity period of up to one year.
The permit referred to in paragraph 1 of this Article may be extended for a maximum
of up to two years.
A temporary residence and work permit for entrepreneurs and executive directors in
business entities where they are the only owners or where they own more than 51% of
equity may be extended as long as they fulfil the conditions as per Article 43 of this Law.
The employer shall conclude an employment contract with a foreign national, within
eight days from the date of issuing of the temporary residence and work permit for
 employment, and shall register such foreign national for compulsory social insurance, in
accordance with the labour regulations.
If the foreign national does not start working within the period referred to in
paragraph 4 of this Article, the employer shall inform the Ministry thereof, for the
purpose of annulment of the residence and work permit, within no later than three days.
Seasonal employment of foreign nationals
Article 71
Seasonal employment of a foreign national shall mean a temporary employment for
the purpose of seasonal works in the business activities of a seasonal character.
The temporary residence and work permit for seasonal employment shall be issued
within the time period of one year, and shall have a validity period of up to six months.
Exceptionally, if the performance of seasonal work so requires, the permit referred to
in paragraph 2 of this Article may be extended for two more months, for work for the
same or another employer, whereby the permit validity period may not exceed eight
months within a time period of one year.
The employer shall conclude an employment contract with a foreign national , within
eight days from the date of issuing of the temporary residence and work permit for
seasonal employment, and shall register such a foreign national for compulsory social
insurance, in accordance with the labour regulations.
If the employer fails to conclude the employment contract with the foreign national
within the period referred to in paragraph 4 of this Article, he shall notify the Ministry
thereof, for the purpose of annulment of the residence and work permit, within no later
than three days.
Provision of agreed services by a foreign national
Article 72
A foreign national may provide the services agreed under the contract concluded
between a foreign company and a legal entity with the seat in Montenegro to which the
services are rendered.
The agreed services may be provided by a foreign national who is registered for
carrying out business or other activities in another country, under the contract concluded
with a legal entity which has a seat in Montenegro (hereinafter: “independent expert”).
The agreed services may be provided by a foreign national who is employed by a
foreign company referred to in paragraph 1 of this Article.
Conditions for issuing of temporary residence and work permit for the provision of agreed
services
Article 73
A temporary residence and work permit for the provision of agreed services shall be
issued to a foreign national who fulfils the conditions as per Article 43 of this Law, and
who evidences the grounds for application by submitting the following documents,
which must be translated into the Montenegrin language by a certified translator:
1) contract on the provision of agreed services;
2) evidence that he or she is employed by a foreign company;
3) evidence that he or she has at least two years of work experience in a particular area
which is the subject matter of the service contract;
 4) evidence that he or she possesses professional qualifications in the events when this
is necessary for the provision of services in accordance with the law governing the
provision of services in Montenegro;
5) evidence on social insurance issued by the competent authority.
The evidence referred to in paragraph 1 item 2 of this Article shall not be submitted by
an independent expert.
A temporary residence and work permit for the provision of agreed services shall be
issued with the validity period of up to one year and may be extended until the
completion of the agreed services, that is, for no longer than two years.
Movement of persons within a foreign company
Article 74
A foreign company may temporary post its employee for work to a part of foreign
company or to a foreign company which it has founded and which is registered in
Montenegro, provided that such an employee has at least:
- worked for one year on a job position of a manager or a specialist;
- worked for three months in the capacity of an intern with university education who is
posted to such company for professional training and during such time receives wage
allowances.
For the purpose of paragraph 1 of this Article, manager is a person who performs the
managerial activities, or is a member of the management of a foreign company, or
manages or runs an organisational unit under the decisions and the instructions of the
management or shareholders of the company, or performs the activities of monitoring
and control of the professional or managerial staff, and has authority to employ, dismiss
and other authorities in connection with the organisation of the work of employees.
For the purpose of paragraph 1 of this Article, a specialist shall mean a person who
possesses professional knowledge necessary for the operations of a foreign company,
including the possession of a high level of professional development, appropriate
professional experience, and possible membership in an authorised professional
association.
Conditions for issuing temporary residence and work permit for movement of persons
within a foreign company
Article 75
A temporary residence and work permit for movement of persons within a foreign
company shall be issued to a foreign national who fulfils the conditions as per Article
43 of this Law and who evidences the grounds for application by submitting the
following documents, which must be translated in the Montenegrin language by a
certified translator:
1) evidence of temporary posting and fulfilment of the conditions as per Article 74 of
this Law;
2) evidence of social insurance issued by the competent authority;
3) agreement on training of interns as per Article 74 paragraph 1 indent 2 of this Law,
which contains the duration and manner of training the intern, and the manner of
supervision over the training of interns, as well as the intern training curriculum;
4) evidence that a foreign company is a founder of a company in Montenegro or part
of a foreign company to which he or she is posted;
 5) evidence that upon the expiry of the temporary posting as per Article 74 of this
Law, the foreign national shall be returned for work to the foreign company from which
he was temporary posted.
A temporary residence and work permit for movement of persons within a foreign
company shall be issued to the foreign national as per Article 74 paragraph 1 indent 1 of
this Law with the validity period of up to one year, and may be extended until the
completion of business activities, that is, for a maximum of up to two years.
A temporary residence and work permit for movement of persons within a foreign
company shall be issued to the foreign national as per Article 74 paragraph 1 indent 2 of
this Law with the validity period of up to one year, and may be extended for a maximum
of one more year.
A temporary residence and work permit for movement of persons within a foreign
company shall not be issued to a foreign national if:
1) the submitted evidence has been obtained by fraud or has been forged;
2) the main reason for founding a company in Montenegro or part of a foreign
company is to facilitate the entry of a foreign national referred to in Article 74
paragraph 1 of this Law;
3) the deadline as per paragraphs 2 and 3 of this Article has expired;
4) the employer has been punished due to illegal employment and failure to register
the work of a foreign national.
Annual quota for work of foreign nationals
Article 76
Annual number of temporary residence and work permits for foreign national s
(hereinafter: “annual quota”) shall be determined by the Government, in accordance with
the migration policy, status and movements on the labour market in Montenegro, not
later than until 30 November of the current year for the subsequent year.
The annual quota shall determine the business activities and occupations where the
foreign nationals may be employed.
Within the annual quota, the annual quota for employment and for seasonal
employment of foreign nationals shall be separately determined.
Determination of annual quota
Article 77
The annual quota shall be determined on the proposal of the state administration
authority in charge of labour affairs, upon previously obtained opinions of the
Employment Agency of Montenegro (hereinafter: “Agency”), state administration
authorities in charge of particular business activities for which annual quota is
determined, and the Social Council.
The Government may restrict the annual quota, increase the number, or make
rearrangements by purposes, if that is conditioned by the changed ratio between labour
market supply and demand or due to special conditions in particular business activities.
The criteria and the procedure for determining the annual quota shall be determined by
the Government, upon the proposal of the state administration authority in charge of
labour affairs.
Work of a foreign national beyond the annual quota
Article 78
 A temporary residence and work permit beyond the annual quota may be issued to a
foreign national:
1) who carries out business activities in Montenegro under an international treaty
concluded between Montenegro and other state, under the condition of reciprocity;
2) who teaches in the educational institutions in the language and script of the
members of minority nations and other national minority communities;
3) a professional athlete or sports worker who works in Montenegro in accordance
with the law governing sports;
4) an executive director of a company and an entrepreneur who is registered in
Montenegro in accordance with the law governing the form of carrying out business
activities and their registration;
5) who possesses higher education and is employed by the employer at managerial job
positions;
6) who is temporarily posted as a manager, a specialist or an intern, in accordance with
Article 74 of this Law;
7) for the purpose of provision of the agreed services as per Article 72 of this Law;
8) with domicile in a neighbouring country, who is employed and works in
Montenegro and at least once a week returns to the place of domicile (daily migrant);
9) who is included in the implementation of development projects from the list of
development projects determined by the Government, upon the proposal of the
administration authority in charge of development projects, not later than until 30
November of the current year for the subsequent year.
Application for issuing of temporary residence and work permit
Article 79
The application for issuing of temporary residence and work permit shall be submitted
to the Ministry, personally by a foreign national, in the place of residence, on a
prescribed form.
In addition to the evidence of the grounds of application as per Article 73 and Article
75 of this Law, together with the application referred to in paragraph 1 of this Article, the
foreign national shall submit the evidence of the fulfilment of conditions as per Article
43 paragraph 1 items 1, 2, 3, 4, 7 and 9 of this Law.
When filing the application referred to in paragraph 1 of this Article, the foreign
national shall be photographed, his fingerprints of two fingers shall be taken as well as
the personal digitalised signature, in accordance with the law governing the issuing of a
personal identity card.
Exceptionally, the application for the issuing of temporary residence and work permit
may also be filed by an employer in the place of the intended residence of a foreign
national.
The Ministry shall issue a certificate of the acceptance of the application for issuing of
temporary residence and work permit, and such certificate shall contain the determined
deadline within which the applicant may take over the permit.
In the event that the application is filed in accordance with paragraph 4 of this Article,
the foreign national shall report to the Ministry in the place where the application was
submitted, within five days from the date of the certificate issuing, for the purpose of
providing the information referred to in paragraph 3 of this Article. Otherwise, the
employer shall be considered to have waived the application.
 The foreign national who has been issued visa for a longer stay (visa D) for the
purpose of work, shall file the application for the issuing of a temporary residence and
work permit, within ten days from the date of visa issuing.
The foreign national who has duly filed the application for the issuing of a temporary
residence and work permit prior to the expiry of his stay of 90 days, may remain in
Montenegro until the issuing of an enforceable decision.
The application form referred to in paragraph 1 of this Article shall be prescribed by
the Ministry.
Deciding upon the application for issuing of
temporary residence and work permit
Article 80
A temporary residence and work permit shall be issued by the Ministry, in accordance
with Article 62 paragraphs 1, 3 and 5 of this Law.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in Article 62 paragraph 2 of this Law and not later than within seven days from the
date of receipt of the request for opinion.
Decision on the application for the issuing of a temporary residence and work permit
shall be made within 20 days from the date when the application was duly filed.
Exceptionally from paragraph 3 of this Article, decision on the application for the
issuing of a temporary residence and work permit for seasonal employment to a foreign
national to whom the permit for seasonal employment has been issued at least two times
in the past five years, shall be made within ten days.
If the applicant for the issuing of temporary residence and work permit fails to take
over such permit not later than within five days upon the expiry of the period indicated in
the permit referred to in Article 79 paragraph 5 of this Law, the applicant shall be
considered to have waived the application.
Against the decision on the rejection of the application for issuing of the temporary
residence and work permit an appeal may be lodged to the Ministry, within eight days
from the date of receipt of the decision.
Exceptionally from paragraph 6 of the Article hereof, an administrative procedure may
be initiated against the decision on the rejection of the application for the issuing of
temporary residence and work permit due to the fact that the annual quota has been
reached.
The Ministry shall prescribe more detailed conditions and the manner of issuing
temporary residence permit.
Filing the application for issuing of temporary residence and work permit for seasonal
employment, and delivery thereof
Article 81
The foreign national shall file the application for the issuing of temporary residence
and work permit for seasonal employment to the Ministry, through diplomatic or
consular mission in the country of origin.
The application referred to in paragraph 1 of this Article shall be filed by the foreign
national, personally.
In addition to the application referred to in paragraph 1 of this Article, the foreign
national shall be obliged to submit the evidence of the fulfilment of conditions as per
Article 43 paragraph 1 items 1, 2, 3, 4, 7 and 9 of this Law, and the evidence of the
grounds for application as per Article 69 paragraph 1 items 1, 3 and 4 of this Law.
When filing the application referred to in paragraph 1 of this Article, the foreign
national shall be photographed, his or her fingerprints of two fingers shall be taken and
as well as the digitalised personal signature, in accordance with the law governing the
issuing of a personal identity card.
The diplomatic or consular mission shall issue to the foreign national the certificate
of the receipt of application for issuing of temporary residence and work permit referred
to in paragraph 1 of this Article, which shall contain a defined period within which the
applicant may take over the permit.
The temporary residence and work permit shall be delivered to the foreign national
through a diplomatic or consular mission.
More detailed conditions and the manner of filing the application for issuing of the
permit referred to in paragraph 1 of this Article, and the delivery of such permit, shall be
prescribed by the Ministry.
Application for extension of temporary residence and work permit
Article 82
A foreign national or an employer shall file the application for extension of temporary
residence and work permit to the Ministry, in the place of residence of the foreign
national, in the seat of the employer in Montenegro, or in the place of work of the foreign
national, not later than within 30 days prior to the expiry of the validity period of the
temporary residence and work permit.
In addition to the application referred to in paragraph 1 of this Article, submitted shall
be a valid travel document or personal identity card of the foreign national issued by the
competent authority of another country, and the evidence of the grounds of application
for the issuing of temporary residence and work permit, and if five years have passed
from the date when the data as per Article 79 paragraph 3 of this Law have been taken,
the foreign national shall also provide those data.
In addition to the evidence referred to in paragraph 2 of this Article, for the purpose of
extension of the temporary residence and work permit for employment and seasonal
employment, the evidence shall be submitted that the liabilities for taxes and
contributions during the validity period of the temporary residence and work permit have
been met.
If the application for extension of the temporary residence and work permit is
approved, the temporary residence and work permit with the new validity period of up to
one year shall be issued.
The procedure of extension of temporary residence and work permit shall be subject to
the provisions of Article 80 of this Law.
The application form for the extension of the temporary residence and work permit
shall be prescribed by the Ministry.
Termination of temporary residence and work permit
Article 83
A temporary residence and work permit shall cease to be valid:
1) upon the expiry of the validity period;
2) upon the termination of employment contract or the contract on the provision of the
agreed services, or upon the termination of the decision on temporary posting;
 3) if a foreign national carries out business activities for which the temporary
residence and work permit has not been issued to him;
4) if the existence of the reasons as per Article 8 of this Law is subsequently
determined;
5) if the foreign national has been pronounced a protective measure of expulsion of
foreign national from the country, a protective measure of expulsion of foreign national
from the territory of Montenegro, or the Decision has been issued as per Article 110 of
this Law;
6) if during temporary residence the foreign national stays outside Montenegro for
longer than 30 days;
7) if the employer from whom he has received the offer has been punished due to
illegal employment or failure to register the work of foreign national;
8) if the bankruptcy procedure of the company which sent him or her the offer is
pending or such a company has been in bankruptcy;
9) if the employer from whom he has received the offer does not carry out the business
activity;
10) if the employer from which he has received the offer has been punished because it
failed to meet the liabilities for taxes and contributions for its employees;
11) if the main reason for founding a company or part of a foreign company in
Montenegro is to facilitate the entry of a foreign national referred to in Article 74
paragraph 1 of this Law; or
12) when the foreign national acquires the right to a permanent residence.
Exceptionally from paragraph 1 item 6 of this Article, a temporary residence and work
permit shall not cease to be valid for a foreign national who, for justified reasons, stayed
outside Montenegro for up to 90 days, provided that he or she has previously informed
the police of the reasons for leaving Montenegro.
A temporary residence and work permit shall not cease to be valid for the foreign
national as per Article 78 paragraph 1 items 3,4, 5, 8 and 9 of this Law, despite the fact
that he has stayed outside Montenegro for longer than 30 i.e. 90 days.
The police, labour inspection, employer, and other authorities which, within their
competence, may establish the existence of the reasons for termination of temporary
residence and work permit validity referred to in paragraph 1 items 2 through 6 of this
Article, shall inform the police thereof.
The Ministry shall issue a decision on the termination of the validity of temporary
residence and work permit referred to in paragraph 1 items 2 through 6 of this Article.
The decision referred to in paragraph 5 of this Article shall determine the time limit
within which the foreign national must leave Montenegro, which may not be longer
than 30 days, and in the events referred to in paragraph 1 items 3, 4 and 5 of this Article,
also an entry and stay ban in Montenegro may be pronounced for the period from one to
five years.
The period of the entry ban referred to in paragraph 6 of this Article shall become
effective from the date of leaving Montenegro.
Against the decision referred to in paragraph 5 of this Article an appeal may be lodged
to the Ministry, within eight days from the date of receipt of the decision.

Annulment of temporary residence and work permit

 Article 84
Temporary residence and work permit shall be annulled:
1) if it has been issued based on the untrue information on a foreign national or
employer;
2) in the event as per Article 70 paragraph 5 and Article 71 paragraph 5 of this Law; or
3) if the foreign national does not use his residence in Montenegro for the purpose for
which the residence was granted to him.
The decision on the annulment of the temporary residence and work permit shall be
issued by the Ministry.
Against the decision referred to in paragraph 2 of this Article an appeal may be lodged
to the Ministry, within eight days from the date of receipt of the decision.
The appeal shall not postpone the execution of the decision.
Work registration certificate
Article 85
Under the work registration certificate issued in Montenegro, the following foreign
nationals may reside and work for up to 90 days, within the time period of one year:
1) those who perform business activities in Montenegro under international
agreements concluded between Montenegro and an international organisation or the
European Union on the professional and technical assistance or under the other ratified
international treaties;
2) founders, members of controlling and managing bodies and executive bodies of a
company as well as auditors engaged by such company;
3) those invited to participate in a scientific and research project of importance for
Montenegro as professors or lecturers and scientists;
4) lecturers participating in organized professional meetings and seminars;
5) civil and military servants of governments of other countries coming to Montenegro
under an cooperation agreement with the Government;
6) those performing the services for which higher education or specialised knowledge
and experience is required, provided that a prior approval was obtained from the state
administration authority in charge of business activity for which the service is rendered;
7) those performing research activities in Montenegro approved by the Government;
8) correspondents accredited in Montenegro or foreign media reporters;
9) artists and technical staff for opera, ballet, theatre, concerts, fine arts and other
cultural events, if they do not stay in Montenegro for longer than 30 days i.e. three
months a year, with interruptions;
10) authors and performers in the area of film, television, music, music and
performing, dancing and ballet industry, as well as accompanying technical staff, if they
do not stay in Montenegro for longer than 30 days i.e. three months a year, with
interruptions;
11) employees of a foreign company who conduct additional training and professional
development of employees, as well as employees who take additional trainings and
professional development in a legal entity with the seat in Montenegro which is
connected with a foreign company by business or ownership;
12) those coming to Montenegro for the participation in sports competitions;
 13) those carrying out the activities of delivery, assembly, and servicing of machinery
and equipment, if their work does not last longer than 30 days uninterruptedly i.e. three
months a year in total, with interruptions;
14) those participating in fair or exhibition events where their employer exhibits;
15) pupils or students who carry out their apprenticeship in Montenegro under the
international pupil i.e. student exchange agreement;
16) those active in registered humanitarian organisations;
17) service providers negotiating the sale of services or concluding service
agreements;
18) staff of a circus or an amusement park.
Legal entities and natural persons using the services of the foreign national referred
to in paragraph 1 of this Article shall have a concluded agreement or other evidence of
doing business with a foreign national or foreign employer who posts a foreign national
to Montenegro for work, prior to coming of such a foreign national to Montenegro.
Prior to the beginning of work of the foreign national referred to in paragraph 1 of
this Article, legal entities and natural persons referred to in paragraph 2 of this Article
shall submit the application for work registration at the place of business or in the seat of
the employer, whereof the Ministry shall promptly issue the work registration certificate.
Under the issued work registration certificate, a foreign national may work on the
entire territory of Montenegro for the same employer or service recipient.
The Ministry shall prescribe more detailed conditions for the issuing of work
registration certificate, work registration application form, and the work registration
certificate form.
3. Permanent residence
Right to permanent residence
Article 86
A permanent residence permit may be issued to a foreign national who, until the date
of filing the application for the permit issue, has legally resided in Montenegro, for
uninterrupted five years, based on:
- granted temporary residence;
- recognized refugee status or granted additional protection in accordance with the
Law on Asylum ("Official Gazette of the Republic of Montenegro ", number 45/06), or
the granted asylum or subsidiary protection in accordance with the law governing
international and temporary protection of foreign nationals.
Exceptionally, a permanent residence permit may be issued to a foreign national who,
until the date of filing the application for the issuing of permit, had a granted temporary
residence in Montenegro for less than five years uninterruptedly, if required by
humanitarian reasons or if that is in the interest of Montenegro.
The foreign national shall be considered to have uninterruptedly resided in
Montenegro when in the period of five years he was absent from Montenegro several
times, up to ten months in total, or was absent one time, up to six months.
If a foreign national previously had the temporary residence granted in Montenegro
for schooling or specialization, professional training or practical training, only a half of
the time spent under the granted temporary residence shall be taken into account as the
time necessary for granting a permanent residence.
 For the time necessary for granting permanent residence to a foreign national to
whom asylum or subsidiary protection has been granted in accordance with the law
governing international and temporary protection of foreign nationals, a half of the time
that has passed from the filing of application for international protection until the issuing
of the decision under which the international protection is granted shall be taken into
account. If the time from the filing of application for international protection until the
issuing of the decision under which the international protection is granted was longer
than 18 months, such entire time shall be taken into account.
Right of children to permanent residence
Article 87
A permanent residence permit may be issued to a child:
1) whose one parent, at the time of his or her birth, is a Montenegrin national and
domiciled in Montenegro;
2) whose both parents, at the time of his or her birth, have a granted permanent
residence;
3) whose one parent, at the time of his or her birth, has a granted permanent residence,
whereas the other parent is either unknown or dead.
Conditions for issuing of permanent residence permit
Article 88
A foreign national may be issued a permanent residence permit if he:
1) has a valid travel document i.e. a travel document for a stateless person;
2) has permanent, regular and sufficient funds to support himself;
3) has health insurance;
4) has accommodation provided for;
5) has knowledge of the Montenegrin language at the level which enables elementary
communication.
A foreign national shall not be issued a permanent residence permit if the reasons of
national i.e. internal security so require.
The test of the Montenegrin language referred to in paragraph 1 item 5 of this Article
shall be conducted by a higher education institution which carries out the Montenegrin
Language and Literature Programme in accordance with a special curriculum adopted by
the National Education Council.
A foreign national, who until the date of filing the application for the issuing of a
permanent residence permit has legally resided in Montenegro for five years
uninterruptedly, based on the recognized refugee status or granted additional protection
in accordance with the Law on Asylum ("Official Gazette of the Republic of Montenegro
", number 45/06), i.e., based on the granted asylum or subsidiary protection in
accordance with the law governing international and temporary protection of foreign
nationals, shall not be obliged to meet the conditions referred to in paragraph 1 item 1
and 3 of this Article.
Filing the application for issuing of permanent residence permit
Article 89
The application for issuing of a permanent residence permit shall be personally filed to
the Ministry by a foreign national, in the place of residence, on the prescribed form.
 The application referred to in paragraph 1 of this Article for the child referred to in
Article 87 paragraph 1 items 1 and 2 of this Law shall be filed by one parent, with the
approval of another parent, and for the child referred to in Article 87 paragraph 1 item 3,
by one parent.
At the moment of filing the application for the issuing of permanent residence permit a
foreign national must have a granted temporary residence, recognized refugee status, or
granted additional protection, in accordance with the Law on Asylum ("Official Gazette
of the Republic of Montenegro ", number 45/06), i.e., a granted asylum or subsidiary
protection in accordance with the law governing international and temporary protection
of foreign nationals.
In addition to the application referred to in paragraph 1 of this Article, a foreign
national shall submit the evidence of the fulfilment of conditions as per Article 88 of
this Law.
The evidence of the fulfilment of conditions as per Article 88 paragraph 1 item 5 of
this Law shall not be submitted for a foreign national older than 65.
When filing the application referred to in paragraph 1 of this Article, the foreign
national shall be photographed, his or her fingerprints of two fingers shall be taken as
well as the personal digitalised signature, in accordance with the law governing the
issuing of a personal identity card.
Fingerprints of two fingers and signature shall not be taken from the children younger
than 12 years of age.
Deciding on the application for issuing of permanent residence permit
Article 90
A permanent residence permit shall be issued by the Ministry, upon previously
obtained opinion from the Agency and the police on any obstacles for the reasons of
national i.e. internal security as per Article 88 paragraph 2 of this Law.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 1 of this Article, and not later than 60 days from the date of receipt of the
request for opinion.
If the Ministry does not receive the opinions referred to in paragraph 2 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a permanent residence permit.
Decision on the application for issuing of a permanent residence permit shall be made
within six months from the date when the application was duly filed.
Decision on the rejection of the application for issuing of a permanent residence
permit shall be made under a decision.
Against the decision referred to in paragraph 5 of this Article, administrative
procedure may be initiated.
Permanent residence shall not be granted to the foreign national whose refugee status
or additional protection was revoked, that is, whose asylum or subsidiary protection was
annulled after the application was filed.
The manner of issuing a permanent residence permit and the application form referred
to in Article 89 of this Law shall be prescribed by the Ministry.
Duration of permanent residence
Article 91
 A foreign national shall be granted permanent residence in Montenegro for an
indefinite period.
A permanent residence permit shall be issued with the validity period of five years,
with the obligation of extension.
The application for extension of the permit referred to in paragraph 2 of this Article
shall be submitted within eight days from the date of expiry of permit validity.
To a foreign national younger than four years of age, a permanent residence permit
shall be issued with the validity period of two years.
Permanent residence permit form
Article 92
Permanent residence permit is a public document with which a foreign national
evidences that he is granted permanent residence in Montenegro.
The permit referred to in paragraph 1 of this Article shall be issued on a prescribed
form containing: the coat of arms of Montenegro, designation "Montenegro ",
designation of permit, and protective elements and sections for entry of personal and
other data.
The data referred to in paragraph 2 of this Article shall be: surname, name, unique
foreign national ’s identification number, sex, citizenship, day, month and year of birth,
permit number, date of issue, expiry date, photograph, signature, name of issuing
authority, and machine readable record.
The entry of the data referred to in paragraph 3 of this Article in the permit form shall
be made by the Ministry.
The data containing machine readable record shall be determined by the Ministry in
accordance with the recommendations ICAO Dos 9303.
The costs of the preparation of permit form referred to in paragraph 1 of this Article
shall be borne by the applicant.
Permanent residence permit form shall be prepared by the Ministry, in accordance
with Article 42 of this Law.
Rights of a foreign national with granted permanent residence
Article 93
A foreign national holding a permanent residence permit shall have the right to:
1) work, work placement, and the rights during unemployment;
2) education and professional development;
3) recognition of diplomas and certificates;
4) social assistance, health and pension insurance;
5) tax reliefs in accordance with the law;
6) access to the goods and services market;
7) freedom of association, connection and membership in organisations which
represent the interests of workers or employers.
The rights referred to in paragraph 1 of this Article shall be exercised in accordance
with the laws governing the manner of exercising such rights.
Termination of permanent residence
Article 94
Permanent residence shall terminate if:
 1) the foreign national has been convicted in Montenegro by a final judgement
pronouncing non-suspended term of imprisonment exceeding six months, for a criminal
offence prosecutable ex officio;
2) that is required for the reasons of national i.e. internal security;
3) the foreign national has provided false information on identity or the permanent
residence permit has been issued based on the untrue information on the foreign national;
4) the foreign national has been pronounced a protective measure of expulsion of
foreign national from the country, a protective measure of expulsion of foreign national
from the territory of Montenegro, or the Decision has been issued as per Article 110 of
this Law;
5) it is established that the foreign national has moved from Montenegro or has
uninterruptedly stayed in another country for longer than one year;
6) the foreign national has abandoned permanent residence;
7) the foreign national has acquired Montenegrin citizenship.
The foreign national whose permanent residence has terminated in accordance with
paragraph 1 items 5 and 6 of this Article may be re-issued the permanent residence
permit if, prior to filing the new application for issuing of permanent residence permit, he
has lawfully resided in Montenegro for uninterrupted three years, under the granted
temporary residence.
The Ministry shall issue the decision on the termination of permanent residence
referred to in paragraph 1 items 1 through 5 of this Article.
Prior to issuing the decision referred to in paragraph 3 of this Article, the following
shall be particularly taken into account:
1) duration of stay in Montenegro;
2) personal, family, economic and other circumstances;
3) foreign national’s age;
4) consequences of termination of permanent residence on the foreign national and
members of his or her family;
5) connection with the country of residence or lack of connection with the country of
origin.
The decision referred to in paragraph 3 of this Article shall determine the time limit
within which the foreign national must leave Montenegro, and which may not exceed
30 days from the date of submission of the decision, and in the events referred to in
paragraph 1 items 2 through 5 of this Article, an entry and stay ban in Montenegro may
also be pronounced for the period from one to five years.
The time of entry ban referred to in paragraph 5 of this Article shall start running from
the date of leaving Montenegro.
Against the decision referred to in paragraph 3 of this Article an administrative
procedure may be initiated.
Obstacles for the reasons of national security
Article 95
The existence of reasons i.e. obstacles in terms of national security referred to in
Article 8 paragraph 1 item 9, Article 10, Article 16 paragraph 3, Article 27 paragraph 1
item 6, Article 35 paragraph 1 item 2, Article 43 paragraph 1 item 8, Article 50
paragraph 8, Article 59 paragraph 5, Article 88 paragraph 2, Article 94 paragraph 1 item
2, Article 107 paragraph 2 item 6, Article 111 paragraph 3 item 4, Article 121 paragraph
2 item 5, Article 130 paragraph 2, Article 136 paragraph 6, Article 137 paragraph 5,
Article 143 paragraph 1 item 4, Article 149 paragraph 1 item 2, Article 150 paragraph 1
item 3, Article 161 paragraph 1 item 3 and paragraph 3 and Article 174 paragraphs 2 and
5 of this Law, shall be determined by the Agency which shall submit its opinion thereof
to the Ministry or to the police, unless otherwise provided for by this Law.
The reasons or obstacles in terms of national security referred to in paragraph 1 of this
Article, Article 19 paragraph 3, Article 62 paragraph 1, Article 90 paragraph 1, Article
158 paragraph 2, Article 164 paragraph 3, Article 171 paragraph 3, Article 186 paragraph
3 and Article 197 paragraph 1 of this Law, shall exist if the person:
1) carries out or has carried out the activities which could lead to the commission of
criminal offences against humanity and other resources protected by the international
law;
2) carries out the activities which could lead to the commission of criminal offences
against the constitutional system and security of Montenegro;
3) belongs or has belonged to the organizations and groups advocating violent change
of the constitutional system or acting in the manner which threatens human rights and
freedoms stipulated by the Constitution;
4) publically advocates and disseminates ideas which incite national, religious or racial
discrimination;
5) belongs or has belonged to the organisations and organized criminal groups which
prepare or commit criminal offences or supports such organisations and groups in any
other way;
6) has or has had connections or maintains connections with persons who
unauthorisedly collect classified and other data, terrorists, saboteurs, members of
organized criminal groups, or persons for whom there is a reasonable doubt that they
belong to such groups;
7) does not respect the state of Montenegro and its symbols, fails to execute decisions
of courts, state administration authorities and other authorities, or circumstances point
out that such person would not respect the legal system of Montenegro after being issued
a temporary residence permit, temporary residence and work permit, and permanent
residence permit;
8) carries out other activities which may pose a threat to national and international
security.
When based on the opinion of the Agency, the Ministry or the police issues the
decision that there are reasons i.e. obstacles referred to in paragraph 2 of this Article,
such reasons shall not be specified in the rationale of the decision.
V. REGISTRATION AND DEREGISTRATION OF RESIDENCE FOR FOREIGN
NATIONAL
Filing application for registration and deregistration
Article 96
A foreign national who has been issued a long-stay visa (visa D) or who stays in
Montenegro for up to 90 days in accordance with Article 34 of this law, shall file the
application for registration of residence on a prescribed form, in the place where he or
she intends to stay.
In the event that the foreign national who has been issued a temporary residence
permit, a temporary residence and work permit, and a permanent residence permit,
 intends to temporarily stay in another place in Montenegro for longer than three days, he
or she shall file the application for registration of residence.
The foreign national referred to in paragraph 1 of this Article shall file the application
for registration of residence also in the event when he or she intends to stay in another
place in Montenegro for longer than 24 hours.
The foreign national shall file to the police the application for registration referred to
in paragraphs 1, 2 and 3 of this Article, within 24 hours from his or her arrival to the
place of residence.
The foreign national referred to in paragraphs 1, 2 and 3 of this Article shall file to
the police the application for deregistration of residence, on a prescribed form, within 24
hours prior to leaving the place of residence.
The application for deregistration of residence shall not be filed if the foreign national
leaves the place of residence upon the expiry of the time of residence specified in the
application.
For a child, the registration and deregistration referred to in paragraphs 1 through 5 of
this Article shall be filed by a foreign national parent, adoptive parent, guardian, foster
parent or the persons to whom the child is entrusted for care, raising, upbringing and
education.
The registration and deregistration referred to in paragraphs 1 through 5 of this Article
shall contain the following data: surname and name; sex; place, country and date of birth;
citizenship; unique identification number; place of residence and address (street and
number, number of entrance and apartment i.e. street and house number); date and hour
of registration and time of stay; date and hour of deregistration; type, number, validity
period of foreign travel document or personal identity card issued by the competent
authority of another country; country issuing foreign travel document or other document;
type, number, validity period and place of visa issue; date and place of entry into
Montenegro; surname, name and unique identification number of the user of the facility
where the foreign national stays and other data, as necessary.
The application form for registration and deregistration of residence for a foreign
national referred to in paragraphs 1 and 5 of this Article shall be prescribed by the
Ministry.
Filing the application for registration and deregistration by the accommodation provider
Article 97
In the event when a foreign national uses the services of an accommodation provider,
the obligation to file the application for registration and deregistration of residence for
the foreign national referred to in Article 96 of this Law shall be on the accommodation
provider.
The application for registration and deregistration referred to in paragraph 1 of this
Article shall be filed to the police, on the prescribed forms, in the place where the
residence of foreign national is registered, within 12 hours from the arrival, in
accordance with Article 99 of this Law.
The application for registration and deregistration referred to in paragraph 1 of this
Article, in addition to data as per Article 96 paragraph 8 of this Law, shall also contain
the following data: name and seat i.e. surname and name of the accommodation provider;
name of accommodation facility; tax identification number of accommodation provider;
registration number i.e. identification number of accommodation provider and address to
which the foreign national is registered i.e. from which he is deregistered.
The foreign national using the accommodation services referred to in paragraph 1 of
this Article shall provide the accommodation provider with the data referred to in Article
96 paragraph 8 of this Law.
For a legally incapacitated foreign national, the data referred to in paragraph 4 of this
Article shall be provided to the accommodation provider by a parent, guardian or family
member of such foreign national.
Exceptionally from paragraphs 1 and 2 of this Article, when registering or
deregistering the residence of an organized group of foreign nationals which comprises
of a minimum of ten foreign nationals, and when their stay does not last longer than eight
days, a list of group members may be submitted which shall contain, for each member,
the data referred to in paragraph 3 of this Article.
The accommodation provider shall check the truthfulness of data by inspecting a
foreign travel document and shall specify true data in the application for registration and
deregistration of residence.
The forms referred to in paragraph 2 of this Article shall be prescribed by the Ministry,
with the prior approval of the state administration authorities in charge of tourism affairs.
Records of accommodation provider
Article 98
The accommodation provider shall keep the records on foreign nationals to whom he
or she provides the accommodation services.
In the records referred to in paragraph 1 of this Article the accommodation provider
shall enter the data referred to in Article 97 paragraph 3 of this Law, and such data must
be accurate.
The data referred to in paragraph 2 of this Article shall be kept for two years from the
date of their entry in the records, after which the accommodation provider shall delete
them.
The accommodation provider shall enable the police to inspect the records referred to
in paragraph 1 of this Article.
The content and manner of keeping the records referred to in paragraph 1 of this
Article shall be prescribed by the Ministry.
Manner of filing the application for registration and deregistration
Article 99
The accommodation provider shall electronically file the application for registration
and deregistration of residence for a foreign national, and if they are not technically
capable to submit the application in such manner, the accommodation provider may
submit the application for registration and deregistration of residence through a tourist
organisation referred to in Article 100 of this Law or to the police, on a prescribed from,
in writing.
The lack of technical capabilities referred to in paragraph 1 of this Article shall be
determined by the police, whereof a certificate shall be issued to the accommodation
provider.
The accommodation provider shall submit the certificate referred to in paragraph 2 of
this Article when registering or deregistering the residence of a foreign national, on a
prescribed form, and in writing.
 Exceptionally from paragraph 1 of this Article, the accommodation providers in a
household or village household may submit the registration and deregistration of
residence electronically or through a tourist organization referred to in Article 100 of this
Law, without the obligation of the police referred to in paragraph 2 of this Article.
The manner of filing the application for registration and deregistration of residence for
a foreign national shall be prescribed by the Ministry.
Filing the application for registration through a tourist organisation
Article 100
A foreign national residing in Montenegro for tourist purposes, who does not use the
services of an accommodation provider, may file the application for registration and
deregistration of residence for a foreign national in accordance with this Law, through a
tourist organization in the place of residence, and if there is no tourist organization
founded in the place of residence, through a competent local government authority.
The tourist organization or the competent authority of the local government referred to
in paragraph 1 of this Article shall electronically submit to the police the application for
registration or deregistration, promptly upon its receipt.
The filing of the application for registration and deregistration through a tourist
organization or the competent local government shall not be charged.
More detailed manner of filing the application for registration or deregistration
referred to in paragraph 1 of this Article shall be prescribed by the Ministry, with the
prior approval of the state administration authority in charge of tourism affairs.
Other obligations regarding filing the application
for registration and deregistration
Article 101
A company, an entrepreneur and a person visited by a foreign national with residence
of up to 90 days and to whom accommodation is provided for longer than 12 hours, shall
file to the police the application for registration and deregistration of residence for such
foreign national, within 12 hours from the arrival i.e. departure of the foreign national.
A healthcare institution admitting a foreign national for medical treatment shall file to
the police the application for registration of residence for such foreign national, within 12
hours from the hour of admission of the foreign national for treatment, unless the
foreign national has registered his or her stay.
Upon the completed treatment, the healthcare institution shall file to the police the
application for deregistration of residence for the foreign national , within the time limit
referred to in paragraph 2 of this Article.
A healthcare or other institution shall have the obligation referred to in paragraphs 2
and 3 of this Article in the event that a foreign national is accommodated in such an
institution for enforcement of a security measure i.e. a protective measure.
Administration authority in charge of enforcement of prison sentence and institution
and organization where juvenile prison sentence and institutional corrective measure are
enforced, shall file to the police the application for registration and deregistration of
residence for foreign national, within 12 hours from the admission i.e. release of the
foreign national.
 The application for registration and deregistration of residence for the foreign national
referred to in paragraphs 1 through 5 of this Article shall be filed on the forms referred to
in Article 97 paragraph 2 of this Law.
Registration validity period
Article 102
The registration of residence shall be valid until the expiry of the residence duration
specified in the application.
If the registration of residence does not specify the duration of residence, and the
application for deregistration has not been filed, the registration of residence shall be
valid for six month, i.e. for the foreign national with the residence of up to 90 days, it
shall be valid up to the expiry of such residence.
Upon the expiry of the duration of residence specified in the registration of residence,
i.e. upon the expiry of six months, or the expiry of residence of up to 90 days, the
residence shall be deregistered ex officio.
Events when the registration of residence is not mandatory
Article 103
The application for registration of residence shall not be filed for the foreign national
who is:
1) accommodated in the reception centre for victims of violence;
2) a member of a unit for protection, rescue and assistance, if upon the invitation of the
state authorities he or she participates in the elimination of consequences of a natural
disaster.
VI. ILLEGAL ENTRY, STAY AND DEPARTURE FROM MONTENEGRO
Duty of a foreign national to leave Montenegro
Article 104
A foreign national who has illegally entered i.e. illegally stays in Montenegro must
leave its territory promptly or within the period defined for him or her in accordance with
this Law.
The illegal entry to Montenegro shall be considered made if the foreign national
crosses the state border outside the place or time designated for crossing of the state
border or avoids or attempts to avoid the border control.
In accordance with this Law, an illegal stay in Montenegro shall be considered the stay
of the foreign national who fails to fulfil or no longer fulfils the conditions for entry and
stay prescribed by this Law.
The foreign national shall be considered to have left Montenegro by entering the
country that he or she came from or another country where he or she was granted the
entry.
If the foreign national considers that he or she legally resides in Montenegro, he or
she shall be obliged to provide the evidence thereof.
Obligation to inform
Article 105
The competent state authority who has initiated the misdemeanour proceedings or
criminal proceedings against the foreign national for the acts prosecutable ex officio,
shall promptly inform the police of the initiation and completion of the proceedings.
 The competent state authority who has issued a decision under which a foreign
national is found guilty of a committed misdemeanour or criminal offence prosecutable
ex officio, shall promptly, upon issuing the decision, inform the police thereof.
The administrative authority in charge of enforcement of the imprisonment sentence
shall, at least 48 hours before releasing the foreign national, inform the police thereof.
Measures for ensuring return
Article 106
In accordance with this Law, the measures for ensuring the return of a foreign national
shall be:
1) voluntary departure from Montenegro;
2) expulsion of the foreign national ;
3) entry and stay ban;
4) forced removal;
5) restriction on freedom of movement;
6) obligation of the foreign national in the return procedure;
7) other measures stipulated by this Law.
Measures referred to in paragraph 1 of this Article shall be enforced by the police.
Decision on return
Article 107
The police shall issue and deliver the decision on return to the foreign national who
illegally stays in Montenegro.
The foreign national referred to in paragraph 1 of this Article shall not be issued the
decision on return if:
1) he or she has been pronounced an additional security measure for the expulsion of
foreign national from Montenegro or protective measure of expulsion of foreign
national from the territory of Montenegro due to a criminal offence or misdemeanour
with elements of violence;
2) he or she has illegally entered Montenegro and the circumstances based on which
he or she would be allowed to stay in Montenegro do not exist;
3) he or she has been issued the decision on the refusal of entry in accordance with
Article 8 of this Law;
4) the procedure for his or her extradition is pending under an international treaty;
5) there is a risk of evasion of obligation to leave Montenegro or if the foreign national
prevents the enforcement of forced removal and return referred to in Article 125 of this
Law;
6) his or her application for temporary residence permit has been rejected as evidently
unfounded or such rejection is required for the reasons of national i.e. internal security of
Montenegro.
The decision referred to in paragraph 1 of this Article shall determine the period
within which a foreign national shall be obliged to leave Montenegro voluntarily and
which may not be shorter than seven days or longer than 30 days.
The period for voluntary leaving of Montenegro defined in the decision on return may
be extended by the police, upon the application of a foreign national , however not
longer than 90 days, taking into account the circumstances of that particular case, notably
the duration of stay, family and social ties, or whether the foreign national has children
who attend school.
 Regarding the extension of the time limit referred to in paragraph 4 of this Article, the
foreign national shall be informed in writing.
If prior to leaving Montenegro the foreign national, for whom the decision on return
was issued, has been granted residence, the decision on return shall cease to be valid
upon the issuing of the decision on granting residence.
In the decision on return, the police may pronounce to the foreign national the entry
and stay ban, taking into account relevant circumstances of each individual case, and
such ban may not be shorter than 30 days or longer than five years.
The foreign national referred to in paragraph 1 of this Article shall leave Montenegro
within the time limit defined in the decision on return, and when leaving Montenegro
shall register with the officer working on the border crossing point.
In the procedure, the foreign national who illegally stays and who does not
understand the Montenegrin language shall be provided with the translation into the
language he or she understands i.e. into the language which he or she is reasonably
expected to understand.
The decision on return shall be translated upon the request of the foreign national.
The decision on return may be issued even without conducting the misdemeanour
proceedings against the foreign national who illegally stays in Montenegro.
Appeal against the decision on return
Article 108
Against the decision on return an appeal may be lodged to the Ministry, within five
days from the date of receipt of the decision.
The Ministry shall decide on the appeal referred to in paragraph 1 of this Article
within 15 days from the date of receipt of the appeal.
Voluntary departure from Montenegro
Article 109
Voluntary departure from Montenegro defined in the decision on return as per Article
107 of this Law shall mean the departure of a foreign national to the country of origin,
the country from which he or she has entered Montenegro, or another country where he
or she will be admitted.
The foreign national who illegally stays in Montenegro shall have the right to apply
for voluntary departure from Montenegro.
In the event referred to in paragraph 2 of this Article, the foreign national shall have
the right to ask for the assistance of an international or non-governmental organization
dealing with providing aid to foreign nationals who voluntarily depart from Montenegro.
In order to encourage voluntary departure from Montenegro referred to in paragraph 2 of
this Article:
- The Ministry may conclude agreements with the competent authorities of other
countries and with international organizations for the implementation of international
treaties, as well as with non-governmental organisations;
- the police may annul the decision on the expulsion of foreign national i.e. annul or
shorten the entry and stay ban;
- the police may provide a travel document and a travel ticket for return, and necessary
financial assistance.
 If the foreign national who illegally stays in Montenegro has applied for voluntary
departure from Montenegro after the decision on expulsion referred to in Article 4 indent
2 of this Article has been annulled, the police shall issue a decision on voluntary return.
The Ministry shall prescribe a more detailed manner and procedure for voluntary
departure.
Expulsion of foreign national
Article 110
If the foreign national fails to leave Montenegro within the time limit defined in the
decision on return, the police shall issue the decision on the expulsion of foreign
national.
The police shall issue the decision on expulsion of foreign national in the event
referred to in Article 107 paragraph 2 items 5 and 6 of this Law.
The police may issue the decision on expulsion of foreign national under a final
decision of the competent state authority, if the foreign national:
1) violates regulations governing employment and work of foreign nationals;
2) aids in the illegal entry, transit or stay;
3) enters a marriage of convenience;
4) breaches the regulations governing prevention of violence at sports events, public
law and order, weapons, or drug abuse;
5) evades tax liabilities;
6) commits a criminal offence prosecutable ex officio;
7) has been convicted of a criminal offence in the first degree in another country,
which is also punishable under Montenegrin regulations;
8) repeats misdemeanours;
9) commits a misdemeanour with the elements of violence.
The entry and stay ban in Montenegro shall be pronounced under the decision on
expulsion of foreign national, which may not be shorter than three months or longer than
20 years, and forced removal from Montenegro shall be determined.
The decision on expulsion may be issued even without the conducting of the
misdemeanour proceedings against the foreign national who illegally stays in
Montenegro.
The police shall inform the Ministry of the issuing of the decision on expulsion of
foreign national in the events referred to in paragraph 3 of this Article, for the purpose
of annulment of the residence permit.
In the course of the procedure for issuing the decision on expulsion, the foreign
national who has illegally stayed and worked shall be informed of the possibilities to
receive wage allowances and payment of contributions he or she is entitled to in
accordance with the labour regulations, as well as of the legal remedies for the protection
of such rights.
In the procedure, the foreign national who illegally stays and who does not
understand the Montenegrin language shall be provided with the translation into the
language he or she understands or into the language which he or she is reasonably
expected to understand.
The decision on return shall be translated upon the request of the foreign national.
Against the decision on expulsion of foreign national an appeal may be lodged to the
Ministry, within five days from the date of receipt of the decision.
 Protection against expulsion
Article 111
The decision on expulsion of foreign national may not be issued in the events as per
Article 116 paragraphs 1 and 2 of this Law.
When issuing a decision on expulsion, duration of stay shall be taken into account, as
well as private or family life, economic connections and the level of social and cultural
integration of foreign national in Montenegro, as well as his connections with the country
of origin. When it comes to an unaccompanied foreign national minor, the circumstances
referred to in Article 116 paragraph 3 of this Law shall also be taken into account.
The decision on expulsion of foreign national who has been granted a permanent
residence in Montenegro, three years of temporary residence for family reunification
with Montenegrin national or with a foreign national with permanent residence, may be
issued only if:
1) due to an intentionally committed criminal offence, the foreign national has been
convicted by a final judgement pronouncing a non-suspended term of imprisonment
exceeding one year;
2) due to an intentionally committed criminal offence, the foreign national has been
convicted several times in the period of five years, by a final judgement to a term of
imprisonment in the total duration of minimum three years;
3) due to a criminal offence against the values protected by the international law, the
foreign national has been convicted of an unconditional term of imprisonment;
4) it is required for the reasons of national security.
The police shall inform the Ministry of the issuing of the decision on expulsion of
foreign national in the events referred to in paragraph 3 of this Article, for the purpose
of annulment of the residence permit.
Revocation and shortening of the entry and stay ban
Article 112
The entry and stay ban referred to in Article 107 paragraph 7 and Article 110
paragraph 4 of this Law shall be effective from the date when the foreign national has
left Montenegro and shall cease to be valid upon the expiry of the time for which it has
been imposed.
The police may issue the decision revoking or shortening the period of entry and stay
ban, if the reasons have ceased to exist or if the circumstances based on which the
decision on expulsion was issued have changed.
A foreign national may submit the application for revoking or shortening of the entry
and stay ban referred to in paragraph 2 of this Article upon the expiration of a half of the
time of the pronounced entry and stay ban, and in any case upon the expiration of 3 years
of the commencement of the entry and stay ban.
Upon the application of a foreign national, the police may revoke or shorten the entry
and stay ban, on humanitarian grounds, or upon the application of a foreign national if
the foreign national proves that he or she has voluntarily enforced the decision on return.
An appeal may be lodged against the decision on rejecting the application referred to
in paragraphs 3 and 4 of this Article, whereof the Ministry shall decide.
Free legal aid
Article 113
In the procedure before the Administrative Court of Montenegro (hereinafter:
“Administrative Court”) in connection with the decision on expulsion, a foreign national
shall be entitled to free legal aid in accordance with the law governing free legal aid.
Forced removal
Article 114
A foreign national shall be subject to forced removal from Montenegro:
1) if the decision on his or her expulsion referred to in Article 110 paragraphs 1, 2 and
3 of this Law has been issued;
2) in the events referred to in Article 107 paragraph 2 items 1 through 4 of this Law.
The foreign national referred to in paragraph 1 of this Article shall be escorted by the
police officers for the purpose of leaving Montenegro.
A foreign national subject to forced removal shall not hinder the forced removal in any
way.
In order to ensure that the forced removal is carried out with the observance of the
fundamental human rights of the foreign national subject to forced removal, a forced
removal may be technically recorded, and the foreign national shall be informed of the
purpose of recording.
Carrying out of forced removal and of measures for the protection of human rights and
freedoms of the foreign national who is subject to forced removal shall be monitored by
the Protector of Human Rights and Freedoms of Montenegro (hereinafter: “Protector of
Human Rights and Freedoms”), in accordance with the Law.
To the Protector of Human Rights and Freedoms, the police shall:
- submit the information of the time, place and manner of forced removal of foreign
national and of the document under which a foreign national is forcibly removed;
- upon application of the Protector in connection with the conducting of forced
removal and measures for the protection of human rights and freedoms of the foreign
national who is subject to forced removal, make available all data within the
competence of the police, enable direct inspection of the official records, documents and
data, and submit the copies of the requested records and documents, regardless of the
classification level;
- enable free access to all premises accommodating the foreign nationals who are
subject to forced removal.
The police shall cooperate with the Protector of Human Rights and Freedoms in
carrying out the activities referred to in paragraph 5 of this Article.
In the course of forced removal, the police may cooperate with state administration
authorities, competent authorities of other states, or with international and non-
governmental organisations.
For efficient supervision over forced removal, the Ministry may conclude agreements
with the competent bodies of other states and international organisations for the purpose
of implementation of international treaties, as well as with non-governmental
organisations.
A foreign national may be forcibly removed to:
- the country of his or her origin,
- the country from which he or she came to Montenegro,
- another country where he or she will be accepted, upon his consent.
The Ministry shall prescribe more detailed manner and procedure for forced removal.
 Forced removal under the decision of the member state of the European Union on
expulsion of foreign national
Article 115
A foreign national with the granted temporary residence in Montenegro shall be
subject to forced removal if it is established that the EU member state has issued against
him or her a legally effective decision on expulsion:
1) because he or she was convicted of a criminal offence and pronounced the term of
imprisonment of minimum one year;
2) because he or she is suspected to have committed or intended to commit a criminal
offence in the first degree;
3) because of the violation of the provisions on entry and stay of the law of such state.
The EU member state who has issued the decision on expulsion shall be informed of
the forced removal of the foreign national.
The provisions of paragraph 1 of this Article shall not apply to the nationals of an EU
member state, their family members, and to the family members of Montenegrin
nationals.
Prohibition of forced removal
Article 116
It shall be prohibited to forcibly remove a foreign national to a state where his or her
life or freedom would be jeopardised on account of his or her race, religion or
nationality, membership in a particular social group or political opinion or where he or
she might be exposed to torture or inhuman and degrading treatment or punishment, or
where he could be subject to a death penalty, and to a state where he or she would be in
danger of being subject to forced removal to the country of origin.
It shall be prohibited to forcibly remove a foreign national if that would be contrary
to the Convention for the Protection of Human Rights and Fundamental Freedoms, the
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of the Child, and the Convention
on the Exercise of Children's Rights.
Taking into account the best interests of the child, an unaccompanied foreign national
minor shall be subject to forced removal to a state in which he or she shall be handed
over to a member of his or her family, to an appointed guardian, or to an institution for
receiving children.
Temporary postponement of forced removal
Article 117
A forced removal may be temporarily postponed if the foreign national’s identity has
not been established, if his or her forced removal would produce serious consequences
on his or her health, due to the impossibility of transportation, or for other justified
reasons due to which the foreign national may not be subject to forced removal.
The decision on the temporary postponement of forced removal shall be issued by the
police.
The decision referred to in paragraph 2 of this Article may define the following
obligations:
1) depositing travel instruments, travel documents and travel tickets;
2) depositing particular financial means;
 3) prohibition to leave particular address where his or her accommodation is;
4) reporting to the police at a particular time.
The decision referred to in paragraph 2 of this Article shall determine the time of
postponement, which may not be longer than six months.
In the event that the forced removal is temporarily postponed, the obligation of the
foreign national to leave Montenegro shall continue to be effective.
During temporary postponement of forced removal, the foreign national shall have
the right to health care in accordance with the regulations governing health care.
A foreign national minor shall have the right to education for the period for which his
or her forced removal has been temporarily postponed, in accordance with the
regulations governing the area of education.
Annulment of temporary postponement of forced removal
Article 118
Temporary postponement of forced removal may be annulled if the reasons for
temporary postponement of forced removal as per Article 117 paragraph 1 of this Law
have ceased to exist, or the foreign national fails to meet the obligations as per Article
117 paragraph 3 of this Law.
The decision on annulment of the temporary postponement of forced removal shall be
issued by the police.
Against the decision on the annulment of temporary postponement of forced removal,
an appeal may be lodged to the Ministry, within eight days from the date of receipt of the
decision.
The appeal referred to in paragraph 3 of this Article shall not postpone the execution
of the decision.
Termination of temporary postponement of forced removal
Article 119
Temporary postponement of forced removal shall terminate:
1) upon the expiry of the time for which the foreign national was imposed temporary
postponement of forced removal;
2) upon the annulment of the decision on temporary postponement of forced removal;
3) if the residence of a foreign national has become legal.
The foreign national referred to in paragraph 1 items 1 and 2 of this Article shall be
subject to forced removal.
Joint flights of the EU member states
Article 120
The Ministry shall organise and take part in joint flights of the EU member states for
the purpose of forced removal by air.
Assistance to the EU member state in forced removal by air
Article 121
At the request of the competent authority of an EU member state, the police shall
provide assistance in the case of transit for the purpose of forced removal by air.
The request for assistance referred to in paragraph 1 of this Article shall be rejected if:
1) a foreign national who is subject to forced removal was accused in Montenegro of
having committed a criminal offence or if a warrant of his or her deprivation of liberty
was issued, so that he or she might start serving his or her prison sentence;
 2) it is not possible to organise transit through other states or admission in the country
of destination;
3) it is necessary to change flights in Montenegro from one airport to another;
4) forced removal is not possible for practical reasons;
5) that is required for the reasons of national i.e. internal security or public health, or if
that would be contrary to the international interests of Montenegro;
6) in the event referred to in Article 116 of this Law.
In the event when the provision of assistance referred to in paragraph 1 of this Article
has started, it shall be discontinued if the grounds referred to in paragraph 2 of this
Article are subsequently discovered.
A request for assistance referred to in paragraph 1 of this Article may be rejected if:
1) a foreign national may be subject to forced removal by a direct flight to the
country of destination;
2) the request was not submitted at the latest two days before transit;
3) the request was not submitted on a prescribed form;
4) the request is incomplete;
5) the transit will take longer than 24 hours.
In the events referred to in paragraph 4 items 1 and 2 of this Article, the request for
assistance may not be rejected if particularly urgent and well-founded reasons exist.
Notification of actions upon the request for assistance
in forced removal by air
Article 122
Notification of actions upon the request referred to in Article 121 of this Law shall be
submitted within two days, and in justified cases, this period may be extended by two
more days.
The notification rejecting the request for assistance shall include the reasons for
rejection.
Granting residence to a foreign national for whom the EU member state has issued the
decision on expulsion
Article 123
If an EU member state has issued the decision on expulsion of a foreign national, in
the procedure of granting visas, the state administration authority in charge of foreign
affairs and the Ministry shall pay attention to the interests of such state.
Restricting the freedom of movement
Article 124
A foreign national may be deprived of liberty, brought in, and detained for up to 24
hours, only if that is necessary to ensure his or her presence in the procedure of
cancellation of stay of up to 90 days and in the procedure of annulment of temporary
postponement of forced removal.
A foreign national subject to forced removal may be deprived of liberty, brought in,
and detained for up to 48 hours.
The police shall issue the decision on the deprivation of liberty of the foreign national
referred to in paragraphs 1 and 2 of this Article.
After deprivation of liberty, the foreign national shall immediately be notified of the
reasons for deprivation of liberty and that he or she may request the diplomatic or
consular mission of the state of his nationality to be notified of such deprivation of
liberty, unless that is otherwise provided for by an international treaty.
The competent centre for social work and the diplomatic or consular mission of the
state of nationality shall be promptly notified of the deprivation of liberty of an
unaccompanied foreign national minor.
Against the decision referred to in paragraph 3 of this Article a complaint may be
lodged to the Administrative Court.
The procedure before the Administrative Court shall be urgent.
A foreign national shall be released as soon as the grounds for deprivation of liberty
and detention cease to exist, and not later than upon the expiry of the time limit referred
to in paragraphs 1 and 2 of this Article, except when actions are taken to enforce forced
removal, or when the decision on accommodation in the reception centre referred to in
Article 125 of this Law has been issued.
Accommodation of foreign nationals in the reception centre
Article 125
The police shall restrict the freedom of movement for a foreign national for whom it is
not possible to be removed forcibly or whose return may not be ensured by the
enforcement of milder measures, by accommodating such a foreign national in the
reception centre for foreign nationals (hereinafter: “Reception centre”), and particularly
if there is a risk that the obligation to leave Montenegro will be evaded or if the foreign
national prevents the enforcement of forced removal and return.
The circumstances indicating the existence of a risk that the obligation referred to in
paragraph 1 of this Article will be evaded, are that the foreign national:
1) has not left Montenegro within the deadline defined in the decision;
2) has entered Montenegro prior to the expiry of the of entry and stay ban;
3) does not possess or has destroyed the document evidencing his or her identity;
4) has used a forged or other person’s document;
5) has stated that he or she shall not meet the obligation to leave Montenegro;
6) does not have sufficient financial means;
7) does not have an ensured accommodation;
8) has been convicted for a criminal offence.
For the purpose of paragraph 1 of this Article, the foreign national shall be
considered to have prevented the enforcement of the forced removal and return if:
1) he or she failed to observe the obligations defined in the decision on the
enforcement of milder measures;
2) he or she has refused to provide personal data and documents necessary for forced
removal or has provided false data.
Milder measures
Article 126
For the purpose of Article 125 of this Law, milder measures shall mean:
1) depositing of travel instruments, travel documents and travel tickets;
2) depositing of particular financial means;
3) prohibition to leave particular address where his or her accommodation is;
4) reporting to the police at a particular time.
The decision on the enforcement of milder measures shall be issued by the police.
 The decision shall determine the obligations referred to in paragraph 1 of this Article
which are appropriate for the circumstances of that particular case, and which shall be
effective until the forced removal.
Against the decision on the enforcement of milder measures a complaint may be filed
to the Administrative Court, within five days from the date of the decision delivery.
During the enforcement of milder measures, the police may ensure the accommodation
and support, funds and other financial means for the foreign national, or regarding such
measures conclude agreements with international organisations or non-governmental
organisations.
In the event of a large-scale entry or illegal stay in Montenegro, the decision on
ensuring the temporary accommodation of foreign nationals who are subject to milder
measures shall be issued by the Government.
Decision on accommodating a foreign national in a reception centre
Article 127
The police shall issue the decision on the accommodation of a foreign national in the
reception centre.
The accommodation in the reception centre may last only for the time required for
forced removal and during the performance of activities aimed at forced removal, and not
longer than six months.
Against the decision referred to in paragraph 1 of this Article a complaint may be
lodged to the Administrative Court, within five days from the date of submission of the
decision.
The procedure before the Administrative Court shall be urgent.
Extending accommodation in the reception centre
Article 128
The accommodation in the reception centre may be shortened or extended for a
maximum of 12 more months, if the foreign national refuses to cooperate or is late with
the obtainment of necessary documents from another country.
The decision on shortening or extending the duration of accommodation in the
reception centre referred to in paragraph 1 of this Article shall be issued by the police.
Against the decision referred to in paragraph 2 of this Article a complaint may be
lodged to the Administrative Court, within five days from the date of decision delivery.
The procedure before the Administrative Court shall be urgent.
Right to visit in a reception centre
Article 129
The representatives of state authorities and foreign diplomatic and consular missions
whose nationals have been accommodated in the reception centre, and the representatives
of international and non-governmental organisations dealing with the protection of
human rights of persons whose freedom of movement is restricted, shall be enabled to
visit the reception centre and inspect the conditions in the reception centre and the extent
to which human rights are observed.
Authority to carry out searches and take biometric data
Article 130
In the procedure of forced removal or accommodation of a foreign national in the
reception centre, the police officers shall be authorised to search a foreign national and
his personal possessions without a court warrant if the foreign national is suspected of
possessing weapons or objects that might be used in an attack, or is suspected that he or
she would discard, hide or destroy the objects that may be used as evidence in a criminal
or misdemeanour proceedings and in the procedure of forced removal.
The foreign national who illegally stays and does not have an identity document or
there is a doubt as to his or her identity, fingerprints and a photograph may be taken,
without his or her approval, if that is in the interest of national i.e. internal security,
protection of the economic interests of the country, protection of health and moral values,
or protection of rights and freedoms of others.
Rights and obligations of a foreign national in the reception centre
Article 131
A foreign national cannot leave the reception centre without permission and shall
observe the rules of stay of the reception centre.
A foreign national in the reception centre is entitled to health care in accordance with
the regulation on health care.
A foreign national who believes that he or she has been subjected to torture or other
cruel, inhuman or degrading treatment or punishment by the staff or other detainees of
the reception centre, may address the Protector of Human Rights and Freedoms.
The rules of stay and house rules of the reception centre shall be prescribed by the
Ministry.
Stricter police supervision
Article 132
To a foreign national accommodated in the Reception centre stricter police
supervision may be imposed if he or she:
1) leaves the reception centre without permission or if there is a reasonable doubt that
he or she will attempt to leave the reception centre;
2) physically attacks other foreign nationals, police officers, or other employees of the
reception centre;
3) attempts to harm himself or herself;
4) behaves inappropriately, grossly offends and disparages other foreign nationals,
police officers or other employees of the reception centre on any grounds;
5) prepares or fabricates the objects for attack, self-harm or escape from the reception
centre;
6) engages in the preparation of intoxicating drugs in the reception centre;
7) intentionally damages clothes and other objects and means he or she has been given
in the reception centre for use;
8) intentionally damages technical and other equipment in the reception centre;
9) intentionally interferes with the operation of technical equipment (audio-visual and
lighting) installed in the premises for the purpose of physical and technical protection;
10) constantly refuses to obey orders of the police officers and fails to observe the
effective legal regulations or otherwise grossly breaches the rules of stay of the reception
centre.
A stricter police supervision shall include the restriction of freedom of movement of
the foreign national in the reception centre and may be imposed for not longer than
seven days.
The decision on a stricter police supervision shall be issued by the police.
 Upon the issuing of the decision referred to in paragraph 3 of this Article, the police
shall promptly submit to the Ministry the case files on the stricter police supervision, on
the same day, or if the decision was issued on a non-business day, on the first business
day.
The Ministry shall decide on the removal or extension of a stricter police supervision
on the first subsequent business day at latest from the date of submission referred to in
paragraph 4 of this Article.
The decision referred to in paragraph 3 of this Article shall be delivered to the foreign
national who, against such decision, may file a complaint to the Administrative Court,
within five days from the date of delivery.
The procedure before the Administrative Court shall be urgent.
The police shall lift stricter police supervision after the reasons referred to in
paragraph 1 of this Article cease to exist.
If the Ministry decides to extend the stricter police supervision, upon the expiry of
each seven days of such supervision, the police and the Ministry shall act in accordance
with paragraphs 4 and 5 of this Article.
Release from and re-accommodation in the reception centre
Article 133
A foreign national shall be promptly released from the reception centre if:
1) the reasons for the accommodation in the reception centre as per Article 125
paragraph 1 of this Law no longer exist,
2) it is reasonably expected that it shall not be possible to forcibly remove the foreign
national within the deadlines defined in this Law.
The police shall submit to the Ministry the case files on the accommodation of a
foreign national in the reception centre, not later than ten days prior to the expiry of
three months from the date of accommodation of the foreign national in the reception
centre.
Within ten days from the date of receipt of the case files referred to in paragraph 2 of
this Article, the Ministry shall decide under the decision on release of the foreign
national from the reception centre.
In the event of release referred to in paragraph 1 of this Article, the foreign national
who was accommodated in the reception centre for the total duration of 18 months may
be accommodated in the reception centre again, if due to the changed circumstances it
can be reasonably expected that he or she will be able to be forcibly removed, and the
reasons as per Article 125 paragraph 1 of this Law exist.
Procedure with minors
Article 134
An unaccompanied foreign national minor and a foreign national minor younger than
14 years of age may be accommodated in the appropriate institution only if the forced
removal cannot be ensured in any other way.
A foreign national minor older than 14 years of age, accompanied by a family
member, may be accommodated in the reception centre only if the forced removal cannot
be ensured in any other way.
The foreign national referred to in paragraphs 1 and 2 of this Article shall be
accommodated in the premises suitable for the accommodation of a minor.
 The members of the same family shall be accommodated in the reception centre, in the
separate common room.
Stricter police supervision may be imposed on a foreign national minor, but only if he
or she is accompanied by a parent or a legal guardian, whereby the attention must be paid
to the best interests of the child.
The foreign national minor referred to in paragraphs 1 and 2 of this Article shall be
provided with conditions appropriate for his or her age, and with the right to education in
accordance with regulations governing education.
If there is a reasonable doubt as to whether the foreign national referred to in
paragraphs 1 and 2 of this Article is under age, the age of such person may be
investigated.
Compensation of costs
Article 135
The costs of accommodation in the reception centre and the costs occurred during the
forced removal shall be borne by the foreign national.
The costs referred to in paragraph 1 of this Article shall be settled from the funds taken
from the foreign national on his or her admission to the reception centre, and from the
other funds in possession of the foreign national.
If the foreign national does not possess any funds to settle the costs referred to in
paragraph 1 of this Article, the costs shall be settled by:
1) a natural person or legal entity who assumed the obligation to bear the costs of the
foreign national’s stay;
2) the carrier who has not transported the foreign national in accordance with Article
13 paragraphs 2 and 3 of this Law;
3) the organizer of tourist or business travels as per Article 13 paragraph 4 of this Law;
4) an employer who has employed the foreign national contrary to this Law.
The amount of the costs of accommodation in the reception centre and the costs which
have occurred on the occasion of the forced removal, shall be determined by the police
trough a decision according to actual costs.
The costs which cannot be collected from the foreign national in the manner referred
to in paragraphs 2 and 3 of this Article shall be borne by the budget of Montenegro.
Procedure with the foreign national with granted residence in the EU member state
Article 136
For a foreign national who illegally stays in Montenegro and to whom the residence
is granted in an EU member state, the police shall issue the decision under which he or
she shall be obliged to leave Montenegro and return to the EU member state where his or
her residence is granted, and the deadline within which he or she shall be obliged to leave
Montenegro shall be determined.
In the event that the foreign national for whom the decision referred to in paragraph 1
of this Article was issued fails to leave Montenegro within the deadline defined in such
decision, the police shall issue the decision on return.
Prior to issuing the decision referred to in paragraph 2 of this Article, it shall be
checked if the foreign national still has a granted residence in the EU member state.
In the procedure of issuing the decision referred to in paragraph 2 of this Article, the
provisions on the issuing of the decision on return as per Article 107 of this Law shall
accordingly apply.
 In the event that the foreign national for whom the decision referred to in paragraph 2
of this Article was issued fails to leave Montenegro within the deadline defined in such
decision, he or she shall be subject to forced removal.
The foreign national whose residence in Montenegro has terminated for the reasons
of national i.e. internal security or who has been convicted after a final judgement for a
criminal offence, may also be subject to forced removal to another state if such removal
is not contrary to Article 116 of this Law.
Procedure with the foreign national with granted international protection
in an EU member state
Article 137
For a foreign national whose permanent residence in Montenegro has terminated and
who was granted international protection in an EU member state, the decision on leaving
Montenegro shall be issued.
Prior to issuing the decision referred to in paragraph 1 of this Article, it shall be
verified if the foreign national still has granted international protection in an EU member
state.
In the procedure of issuing the decision referred to in paragraph 1 of this Article, the
provisions on the issuing of the decision on return as per Article 107 of this Law shall
accordingly apply.
In the event that the foreign national for whom the decision referred to in paragraph 1
of this Article was issued fails to leave Montenegro within the deadline defined in such
decision, he or she shall be subject to forced removal.
The foreign national whose permanent residence in Montenegro has terminated for
the reasons of national or internal security or who has been convicted after a final
judgement for a criminal offence and who has granted international protection in an EU
member state, may also be subject to forced removal to another state if such removal is
not contrary to Article 116 of this Law.
Special protection
Article 138
When applying the measures for ensuring the return of a foreign national , the best
interest of a foreign national minor and other vulnerable persons referred to in
paragraph 2 of this Article shall be taken into account, as well as family life and health
condition of the foreign national who is subject to such measures.
During the procedure of forced removal of a foreign national , particular attention
shall be paid to foreign national minors, unaccompanied foreign national minors, persons
with special needs, persons with disabilities, elderly persons, pregnant women, single
parents with minor children, and the persons who were exposed to torture, rape or other
severe forms of psychological, physical or sexual violence.
When applying the measures for the return of an unaccompanied foreign national
minor, the competent centre for social work and a diplomatic or consular mission of the
state whose national the minor is, shall be promptly informed thereof.
A more detailed manner and implementation of the procedure for special protection of
foreign national minors when ensuring the application of the measures for return shall
be prescribed by the Ministry, with the approval of the state administration authority in
charge of the affairs of labour and social welfare, health, and education.
 VII. DOCUMENTS FOR A FOREIGN NATIONAL
Documents
Article 139
The documents which may be issued to a foreign national shall be an emergency
travel document for foreign national and a special travel document for foreign national.
Emergency travel document for foreign national
Article 140
Emergency travel documents for foreign national shall be issued to a foreign national
who does not possess a valid travel document, if:
1) his or her Montenegrin citizenship is terminated, for the purpose of going abroad;
2) he or she has lost a foreign travel document or has been otherwise left without it,
whereas the state of his or her citizenship has neither any diplomatic or consular
mission in Montenegro nor its interests are represented by another state, for the
purpose of going abroad;
3) ) when abroad, he or she has lost a travel document for foreign national issued
by the diplomatic or consular mission of Montenegro or the Ministry, for the
purpose of his or her return to Montenegro;
4) he or she is subject to forced removal.
Exceptionally, an emergency travel document for foreign national may be issued to a
foreign national in other cases, provided that there are reasonable grounds therefor.
An emergency travel document for foreign national in cases referred to in paragraph 1
items 1, 2 and 3 of this Article shall be issued upon the application of the foreign national
, and in the event referred to in paragraph 1 item 4 of this Article it shall be issued ex
officio.
When filing the application in cases referred to in paragraph 1 items 1, 2 and 3 of this
Article, and when conducting forced removal in the case referred to in paragraph 1 item 4
of this Article, the foreign national shall be photographed, his or her fingerprints of two
fingers shall be taken, as well as his or her digitalised personal signature, in accordance
with the law governing the issuing of a personal identity card.

Competence for issuing emergency travel document

Article 141
An emergency travel document for foreign national shall be issued by:
1) the Ministry, in the events referred to in Article 140 paragraph 1 items 1, 2 and 4
and paragraph 2 of this Law;
2) diplomatic or consular mission, with the prior approval of the Ministry, in the
events referred to in Article 140 paragraph 1 item 3 of this Law.
An emergency travel document for foreign national shall be issued with the validity
period of up to 30 days.
The form of the emergency travel document for foreign national shall be prescribed
and prepared by the Ministry.
Special travel documents for foreign national
Article 142
 A special travel document for foreign national may be issued to a foreign national
upon his or her application who in Montenegro had a recognised refugee status or
granted additional protection in accordance with the Law on Asylum ("Official Gazette
of the Republic of Montenegro ", number 45/06), i.e. granted asylum or subsidiary
protection in accordance with the law governing international and temporary protection
of foreign nationals, and who was granted permanent residence in accordance with this
law, provided that he or she is not able to obtain the travel document from the state of his
or her citizenship.
A special travel document for foreign national shall be issued by the Ministry, with the
validity period of up to five years.
The form of the special travel document shall be prescribed and prepared by the
Ministry.
Rejection of the application for the issuing of emergency travel document and special travel
document for foreign national
Article 143
An emergency travel document for foreign national and a special travel document for
foreign national as per Articles 140 and 142 of this Law shall not be issued to a foreign
national, if:
1) criminal or misdemeanour proceedings has been instituted against him or her;
2) he or she has been sentenced to imprisonment or a fine, until he or she serves the
term of imprisonment or pays such fine;
3) he or she has not met due property and legal liabilities under a final court decision;
4) that is required for the reasons of national i.e. internal security or public health;
5) that is dictated by international obligations of Montenegro.
Notwithstanding paragraph 1 of this Article, an emergency travel document may be
issued to a foreign national whose forced removal is underway.
The decision on the rejection of application for the issuing of documents referred to in
Articles 140 and 142 of this Law shall be issued by the Ministry.
In the event referred to in paragraph 1 item 3 of this Law, the decision on the rejection
of application for the issuing of documents referred to in Articles140 and 142 of this Law
shall be issued by the Ministry, if in the procedure of issuing an emergency travel
document or a special travel document, the Ministry learns that due property and legal
liabilities have not been met under the final decision of the court.
Against the decision referred to in paragraph 3 of this Article, a foreign national may
lodge an appeal to the Ministry, within eight days from the date of receipt of the
decision.
Seizure of an emergency travel document and
of a special travel document
Article 144
A foreign national’s emergency travel document for foreign national or a special travel
document for foreign national shall be seized if the police establishes the existence of
any of the reasons as per Article 143 paragraph 1 of this Law.
Against the decision as per paragraph 1 of this Article an appeal may be lodged to the
Ministry, within eight days from the date of receipt of the decision.
 The appeal referred to in paragraph 2 of this Article shall not postpone the execution
of the decision.
VIII. IDENTITY DOCUMENTS
Purpose of documents and ban on giving such documents
to other persons for use
Article 145
A foreign national shall prove identity with a foreign travel document, a valid
identity card issued by a competent authority of another state, a temporary residence
permit, a temporary residence and work permit, and a permanent residence permit.
A foreign national shall carry with him or her the document referred to in paragraph 1
of this Article and shall present it upon the request of the authorized official.
A foreign national may neither give his or her identity document to another person
for use nor use an invalid document or another person’s document as his or her own.
A foreign national shall use his or her personal name which is entered in the document
referred to in paragraph 1 of this Article.
Replacement of identity documents
Article 146
A foreign national shall replace a temporary residence permit, a temporary residence
and work permit, and a permanent residence permit:
1) in the event of change in his or her personal data;
2) if the document is damaged or in a worn out condition and may no longer serve its
purpose;
3) when a photograph does not correspond to the foreign national’s appearance.
A foreign national shall file the application for the replacement of document within
eight days of the day of the occurrence of the circumstances referred to in paragraph 1 of
this Article.
The application referred to in paragraph 2 of this Article shall be filed to the Ministry.
Obligation to return documents
Article 147
A foreign national shall return to the Ministry a temporary residence permit, a
temporary residence and work permit, and a permanent residence permit, if:
- the permit has ceased to be valid;
- he or she has been granted Montenegrin citizenship;
- he or she is moving out of Montenegro or voluntarily leaves Montenegro;
- he or she was issued the decision on the termination of permit validity;
- the decision on his or her expulsion has been issued; or
- he or she is subject to forced removal.
Disappearance of identity documents
Article 148
A foreign national shall promptly inform the Ministry or the nearest diplomatic or
consular mission of the disappearance of the document referred to in Article 145
paragraph 1 of this Law.
The authorities referred to in paragraph 1 of this Article shall issue the decision on
announcing the missing travel document invalid.
 The number of document announced invalid shall be published in the "Official Gazette
of Montenegro ".
The costs of publishing referred to in paragraph 3 of this Article shall be borne by the
foreign national.
Temporary seizure of identity documents
Article 149
The police shall temporarily seize the document as per Article 145 paragraph 1 of this
Law, if:
1) a foreign national is reasonably suspected of having committed a criminal
offense for which he or she is prosecuted ex officio or of having committed a
misdemeanour;
2) that is required for the reasons of national i.e. internal security or public health; or
3) he or she has failed to settle due property and legal liabilities under a final court
decision.
The police shall issue a certificate of the temporary seizure of document referred to in
paragraph 1 of this Article.
The police shall keep the document seized in accordance with paragraph 1 of this
Article as long as the reasons for which it has been temporarily seized exist.
IX. ENTRY, EXIT, MOVEMENT, STAY AND WORK OF THE NATIONALS OF
THE EU MEMBER STATES
Entry into and leaving Montenegro
by the nationals of an EU member state
Article 150
A national of an EU member state may enter Montenegro if:
1) he or she has a valid foreign travel document or personal identity card issued by the
competent authority of such state;
2) he or she is not banned from entering and staying in Montenegro;
3) there are no grounds in relation to national i.e. internal security or public health.
A national of an EU member state may enter Montenegro without a visa or granted
temporary residence.
If a national of an EU member state does not have the documents referred to in
paragraph 1 item 1 of this Article, the police shall provide him or her with the
opportunity to acquire necessary documents or otherwise prove that he or she is a
national of the EU member state.
A national of an EU member state with the valid travel document or personal identity
card issued by the competent authority of such state shall have the right to leave
Montenegro for the purpose of travelling to another member state.
Stay of a national of an EU member state for up to 90 days
Article 151
The national of an EU member state shall have the right to stay in Montenegro for up
to 90 days from the date of entry into Montenegro, provided that he or she has a valid
travel document or a personal identity card issued by a competent authority of such state.
Application for residence registration of a national of an EU member state
Article 152
 A national of an EU member state may stay in Montenegro for longer than 90 days:
1) for work or entrepreneurial activity;
2) for studying or professional training;
3) if he or she has enough funds to support himself or herself or his or her family
members during his or her stay in Montenegro and has social insurance in Montenegro,
regardless of the purpose of stay;
4) if he or she is a family member of a national of an EU member state.
Application for residence registration for the purpose of work
or entrepreneurial activity
Article 153
An application for residence registration for the purpose of work or entrepreneurial
activity a national of an EU member state shall personally submit to the Ministry, in the
place of residence, on a prescribed form.
In addition to the application referred to in paragraph 1 of this Article, the national of
an EU member state shall submit:
1) a valid travel document or personal identity card issued by the competent authority
of such state;
2) employment contract concluded with the employer or the evidence that he or she
has been registered as an entrepreneur, in accordance with the law governing the forms
of carrying out entrepreneurial activities and their registration.
The certificate of residence registration referred to in paragraph 1 of this Article shall
be issued by the Ministry.
Termination of employment for a national of an EU member state
Article 154
A national of an EU member state, whose employment has terminated or who no
longer carries out entrepreneurial activity, shall continue to stay in Montenegro under the
certificate referred to in Article 153 paragraph 3 of this Law, if:
1) he or she is temporarily incapable of work due to illness or any kind of accident;
2) the need for his or her work has ceased to exist through no fault of his or hers, and
he or she has worked in Montenegro for a minimum of one year and was registered with
the competent authority as an unemployed person;
3) he or she becomes involved in the professional training programme which relates to
the previous employment.
A national of an EU member state, whose fixed-term employment contract concluded
for a term shorter than 12 months has terminated, and who is registered with the
competent authority as an unemployed person, or if in the first 12 months of work in
Montenegro under permanent employment contract he or she lost their job through no
fault of his or hers and is registered as an unemployed person, shall continue to stay in
Montenegro under the certificate referred to in Article 153 paragraph 3 of this Law, up to
six months after the employment termination.
Paragraph 2 of this Article shall also apply to the national of an EU member state who
is seasonally employed or is employed by the employer in another EU member state, and
who provides the agreed services in Montenegro.
Application for residence registration for purpose of studying or professional training
Article 155
 A national of an EU member state shall personally submit to the Ministry the
application for residence registration for purpose of studying or professional training, in
the place of residence, on a prescribed form.
In addition to the application referred to in paragraph 1 of this Article, a national of an
EU member state shall submit:
1) a valid foreign travel document or personal identity card issued by a competent
authority of such state;
2) evidence of possessing the means to support himself or herself and his or her family
members;
3) evidence that he has health insurance;
4) certificate issued by the institution of higher education confirming that he or she
studies in Montenegro.
The amount of funds used to support himself or herself referred to in paragraph 2 item
2 of this Article may not be lower than the amount of funds provided for social welfare
received by a Montenegrin national, in accordance with the regulations governing social
welfare.
The certificate of residence registration referred to in paragraph 1 of this Article shall
be issued by the Ministry.
Application for residence registration of a national of an EU member state who possesses
sufficient funds to support himself or herself
Article 156
A national of an EU member state shall personally file to the Ministry the application
for residence registration in the event as per Article 152 paragraph 1 item 3 of this Law,
in the place of residence, on the prescribed form.
In addition to the application referred to in paragraph 1 of this Article, the national of
the EU member state shall submit:
1) a valid foreign travel document or a personal identity card issued by a competent
authority of such state;
2) evidence that he or she has taken out health insurance for himself or herself and for
his or her family members;
3) evidence of possessing sufficient means to support himself or herself and his or her
family members while residing in Montenegro.
The amount of funds used to support himself or herself referred to in paragraph 2 item
3 of this Article may not be lower than the amount of funds provided for social welfare
received by a Montenegrin national, in accordance with the regulations governing social
welfare.
The certificate of residence registration referred to in paragraph 1 of this Article shall
be issued by the Ministry.

Application for residence registration of a family member

of a national of an EU member state
Article 157
A family member of a national of an EU member state shall personally file to the
Ministry the application for residence registration in the event as per Article 152
paragraph 1 item 4 of this Law, in the place of residence, on the prescribed form.
 Within the meaning of paragraph 1 of this Article, a family member shall be
considered the persons as per Article 178 paragraph 3 of this Law.
In addition to the application referred to in paragraph 1 of this Article, a family
member of the national of an EU member state shall submit:
1) a valid foreign travel document or personal identity card issued by the competent
authority of such state;
2) evidence of possessing means to support himself or herself and his or her family
members;
3) evidence that he or she, who has applied for the residence in Montenegro in
accordance with this Law, is a family member of the national of the EU member state.
Exceptionally, the evidence referred to in paragraph 3 item 2 of this Article shall not
be submitted by the family member of a national of an EU member state who stays in
Montenegro for purpose of work or entrepreneurial activity.
The certificate of residence registration referred to in paragraph 1 of this Article shall
be issued by the Ministry.
Procedure after applying for residence registration
Article 158
The certificate of residence registration as per Article 153 paragraph 3, Article155
paragraph 4, Article 156 paragraph 4 and Article 157 paragraph 5 of this Law shall be
issued within ten days from the date of application filing.
The certificate of residence registration referred to in paragraph 1 of this Article shall
be issued upon previously obtained opinion of the Agency and the police on the
existence of any obstacles for the reasons of national i.e. internal security.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 2 of this Article, and not later than seven days from the date of receipt of
the request for opinion.
If the Ministry does not receive the opinions referred to in paragraph 3 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a certificate of residence registration.
On the rejection of the application for the issuing of certificate of residence
registration referred in Article 153 paragraph 3, Article 155 paragraph 4, Article 156
paragraph 4 and Article 157 paragraph 5 of this Law, the Ministry shall decide by issuing
a decision.
Against the decision referred to in paragraph 5 of this Article an appeal may be lodged
to the Ministry, within eight days from the date of receipt of the decision.
Termination of validity of the certificate of residence registration
Article 159
The certificate of residence registration of a national of an EU member state and of a
member of his or her family shall cease to be valid if:
1) he or she is banned from entering and staying in Montenegro;
2) he or she was issued the certificate based on the untrue data or concealment of the
actual objective and circumstances which were decisive for the issuing of the certificate;
3) the reasons on the grounds of which the certificate was issued have ceased to exist;
4) he or she deregisters his or her stay in Montenegro.
The police shall inform the Ministry of the reasons referred to in paragraph
1 items 2, 3 and 4 of this Article.
 The Ministry shall issue the decision on the termination of validity of the certificate of
residence registration.
When deciding on the termination of validity of the certificate of residence, the
duration of stay, as well as personal, family, economic and other circumstances shall be
particularly taken into account.
Against the decision referred to in paragraph 3 of this Article an appeal may be lodged
to the Ministry, within eight days from the date of receipt of the decision.
Application forms and certificate
Article 160
The certificate referred to in Article 153 paragraph 3, Article 155 paragraph 4, Article
156 paragraph 4 and Article 157 paragraph 5 of this Law shall be issued on a prescribed
form.
The Ministry shall prescribe the content and the form of the application for residence
registration as per Article 153 paragraph 1, Article 155 paragraph 1, Article 156
paragraph 1 and Article 157 paragraph 1 of this Law and the certificate form referred to
in paragraph 1 of this Article.
Entry into Montenegro by a third-country national who is a family member of a national of
an EU member state
Article 161
A family member of an EU member state national, who is a third-country national,
may enter Montenegro for family reunification with a national of an EU member state if:
1) he or she has a valid travel document and issued visa, if visa is required, unless
otherwise provided for by an international treaty;
2) he or she is not banned from entering and staying in Montenegro;
3) the reasons of national i.e. internal security or public health do not exist.
If a family member of an EU member state national who is a third country national,
does not have the documents referred to in paragraph 1 item 1 of this Article, the police
shall enable him or her to acquire the necessary document or otherwise prove that he or
she is entitled to the freedom of movement and stay in the European Union as a family
member of the national of the EU member state.
To the third-country national, who is a family member of the EU member state
national, the police may issue a visa at the border crossing point, provided that the
reasons of national i.e. internal security or public health do not exist. A third-country
national, who is a family member of an EU member state national, shall be exempted
from payment of the fee for visa issuing, in accordance with the law governing
administrative fees.
The family member of the EU member state national, who is a third-country national
with granted temporary residence in Montenegro, shall not need the visa to enter
Montenegro.
A family member of an EU member state national, who is a third-country national
with a valid foreign travel document issued by the competent authority of the third
country, shall have the right to leave Montenegro for the purpose of travel to another EU
member state.
Stay for up to 90 days for a third-country national who is a family member of the EU
member state national
 Article 162
A third-country national, who is a family member of an EU member state national,
shall have the right to stay in Montenegro for up to 90 days from the date of entry in
Montenegro, provided that he holds a valid foreign travel document issued by the
competent authority of the third country.
Application for the issuing of temporary residence permit
for a third-country national
who is a family member of an EU member state national
Article 163
A third-country national, who is a family member of an EU member state national,
may be granted temporary residence if he or she has entered together with the EU
member state national or is joining the EU member state national who temporarily stays
in Montenegro for any of the reasons referred to in Article 152 paragraph 1 item 1, 2 and
3 of this Law.
A third-country national, who is a family member of an EU member state national,
shall personally file to the Ministry the application for the issuing of a temporary
residence permit, in the place of residence, on a prescribed form.
In addition to the application referred to in paragraph 2 of this Article, a third-country
national, who is a family member of an EU member state national, shall submit:
1) a valid travel document;
2) an evidence of possessing the means to support himself or herself and his or her
family members;
3) an evidence that he or she is a family member of the EU member state national.
Exceptionally, the evidence referred to in paragraph 3 item 2 of this Article shall not
be submitted if the person referred to in paragraph 1 of this Article is a family member of
the EU member state national who holds the certificate of residence registration for
purpose of work or entrepreneurial activity.
When filing the application referred to in paragraph 2 of this Article, the national of
the member state of the European Union shall be photographed, his or her fingerprints of
two fingers shall be taken as well as his or her personal digitalised signature, in
accordance with the law governing the issuing of a personal identity card.
Fingerprints of two fingers and digitalised personal signature shall not be taken from
the children younger than 12 years of age.
The person referred to in paragraph 1 of this Article, who prior to the expiry of 90-day
stay duly files the application for the issuing of temporary residence permit, may stay in
Montenegro until the decision upon application is issued.
The application form referred to in paragraph 2 of this Article shall be prescribed by
the Ministry.
Deciding on application
Article 164
Upon the receipt of the application for the issuing of a temporary residence permit as
per Article 163 of this Law, the Ministry shall issue the certificate which shall determine
the deadline within which the applicant may take over the permit.
 The Ministry shall decide on the application for the issuing of a temporary residence
permit as per Article 163 of this Law, within 20 days from the date when the application
was duly filed.
The Ministry shall issue a temporary residence permit for a family member of an EU
member state national, who is a third-country national, with the prior opinion of the
existence of obstacles for the reasons of national i.e. internal security obtained from the
Agency and the police.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 3 of this Article, and not later than seven days from the date of receipt of
the request for opinion.
If the Ministry does not receive the opinions referred to in paragraph 4 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a temporary residence permit referred to in paragraph 3 of this Article.
The permit referred to in paragraph 3 of this Article shall be issued with the validity
period of five years or for a shorter period, if the foreign national who has been issued
the permit intends to stay in Montenegro for a period shorter than five years.
The Ministry shall decide on the rejection of the application for the issuing of the
permit referred to in paragraph 3 of this Article by issuing a decision.
Against the Decision referred to in paragraph 7 of this Article, an appeal may be
lodged to the Ministry within eight days from the date of receipt of the Decision.
Extension of the right to temporary residence of a family member
who is the national of the EU member state
Article 165
In the event of death of the EU member state national whose residence was registered
in accordance with this Law, or in the event of his or her departure from Montenegro, his
or her family member, who is an EU member state national, shall keep the right to
temporary residence if he or she proves that he or she is employed in Montenegro or
carries on entrepreneurial activity and has funds for support and health insurance for
himself or herself or his or her family members, or if he or she is studying or attends
professional training and submits evidence that he or she has funds for support and health
insurance for himself or herself and his or her family members.
In the event of death of a EU member state national whose residence was registered in
accordance with this Law, his or her family member, who is a third-country national,
shall keep the right to temporary residence if he or she stayed in Montenegro with the EU
member state national for at least one year and proves that he or she is employed in
Montenegro or carries on entrepreneurial activity or has funds for support and health
insurance for himself or herself and his or her family members.
In the event that an EU member state national dies or leaves Montenegro, his or her
children and the other parent taking care of such children shall keep the right to
temporary residence, regardless of their citizenship, if the children stay in Montenegro
and are enrolled in an educational institution, until the completion of their schooling.
In the event of a divorce or marriage annulment, the spouse of an EU member state
national, who is an EU member state national, shall keep the right to temporary residence
if he or she is employed in Montenegro or carries out entrepreneurial activity and has
funds for support and health insurance for himself or herself and his or her family
members, or if he or she is studying or attends professional training and submits the
 evidence that he or she has funds for support and health insurance for himself or herself
and his or her family members.
In the event of a divorce or marriage annulment, the spouse of the EU member state
national, who is a third-country national, and who is employed in Montenegro or carries
out entrepreneurial activity, and submits evidence that has funds for support and health
insurance for himself or herself or his or her family members, shall keep the right to
temporary residence:
1) if the marriage lasted at least three years, where the spouses spent a minimum of
one year in Montenegro;
2) in the event of enforcement of a parental right over the children of the EU member
state national who were entrusted to his or her custody by the agreement between
spouses or under the court decision;
3) in the event of enforcement of a parental right over the minor children who stay in
Montenegro and who are entrusted for care and custody to another parent by the
agreement of the spouses or under the court decision;
4) due to extremely difficult circumstances such as domestic violence.
Termination of temporary residence permit validity for a third-country national who is a
family member of the EU member state national
Article 166
A temporary residence permit of a family member of the EU member state national,
who is a third-country national, shall cease to be valid if:
1) he or she is banned from entering and staying in Montenegro;
2) he or she is granted temporary residence based on the untrue data or concealment of
the actual objective and circumstances which were decisive for granting permanent
residence;
3) the reasons for which he or she was issued a temporary residence permit have
ceased to exist;
4) he or she deregisters his or her stay in Montenegro;
5) he or she has stayed outside Montenegro during the period of temporary residence
for longer than six months per year;
6) during the validity period of temporary residence he or she has stayed outside
Montenegro for longer than one year, uninterruptedly, unless he or she was absent for
justifiable reasons such as pregnancy, birth of children, critical illness, studying,
professional training, posting for work to another country or military service.
Of the reasons referred to in paragraph 1 items 2 through 6 of this Article the police
shall inform the Ministry.
The Ministry shall issue the decision on the termination of temporary residence
validity.
When deciding on the termination of a temporary residence permit validity, duration
of stay and personal, family economic and other circumstances shall be particularly taken
into account.
Against the decision referred to in paragraph 3 of this Article, the appeal may be
lodged to the Ministry within eight days from the date of the decision receipt.
Permanent residence of an EU member state national
Article 167
 A permanent residence permit may be issued to an EU member state national who
until the date of the submission of application for the issuing of the permit has legally
resided in Montenegro, for five years uninterruptedly, under the certificate of residence
registration.
The EU member state national shall be considered to have uninterruptedly resided in
Montenegro even when in the period of five years, he or she was absent from
Montenegro more than once in the total duration of up to one year, or for six months
during one year, or was absent from Montenegro due to the military service.
Exceptionally from paragraph 1 of this Article, a permanent residence permit may be
issued to the EU member state national if:
1) he or she has temporarily stayed in Montenegro for work or entrepreneurial activity
and has stopped working due to the fact that the conditions have been met for his or her
old-age pension in Montenegro, and has been previously employed in Montenegro for a
minimum of one year and has uninterruptedly resided in Montenegro for longer than
three years;
2) he or she is temporarily retired and has been previously employed in Montenegro
for a minimum of one year and has uninterruptedly resided in Montenegro for longer
than three years;
3) he or she has temporarily stayed in Montenegro for work or entrepreneurial activity
and has stopped working due to permanent work incapacity, and has uninterruptedly
resided in Montenegro for longer than two years;
4) he or she has temporarily stayed in Montenegro for work or entrepreneurial activity
and has stopped working due to permanent work incapacity which is a consequence of a
work-related injury or occupational disease based on which he or she has acquired
disability pension in Montenegro, irrespective of the duration of his or her stay in
Montenegro;
5) he or she has temporarily stayed in Montenegro for work or entrepreneurial activity
and after three years of uninterrupted work and residence in Montenegro, became
employed in another EU member state, kept the temporary residence in Montenegro, and
returns to Montenegro at least once a week.
An uninterrupted stay in Montenegro as per paragraph 3 items 1, 2, 3 and 5 of this
Article shall also be considered the period of residence for work or entrepreneurial
activity of an EU member state national who has worked in another EU member state
and has kept his or her residence in Montenegro.
The unemployment period recorded with the competent employment authority which
has occurred through no fault of the EU member state national, and the period of
incapacity for work due to illness or injury, shall be included in the employment period.
An EU member state national as per paragraph 3 items 1, 2, 3 and 5 of this Article,
whose spouse, with whom he or she jointly stays in Montenegro, has Montenegrin
citizenship or his or her Montenegrin citizenship was terminated upon the solemnization
of marriage, shall be granted permanent residence regardless of the duration of stay and
employment in Montenegro.
Permanent residence of a third-country national who is a family member of an EU member
state national
Article 168
 A permanent residence permit may be issued to a third-country national who is a
family member of the EU member state national if until the date of filing the application
for the issuing of permit he or she has legally resided in Montenegro with the EU
member state national, for five years uninterruptedly, based on the granted temporary
residence.
A third-country national who is a family member of the EU member state national
shall be considered to have uninterruptedly resided in Montenegro even when in the
period of five years, he or she was absent from Montenegro more than once in the total
duration of up to one year or for six months during one year, or was absent from
Montenegro due to the military service.
Exceptionally from paragraph 1 of this Article, a permanent residence permit may be
issued to a third-country national who is a family member of the EU member state
national, if:
1) the national of the EU member state with whom he or she has resided in
Montenegro died during the temporary residence, for the purpose of work which
has lasted for two uninterrupted years prior to death or for a shorter period if death
occurred as a consequence of a work-related injury or occupational disease;
2) he or she has lost Montenegrin citizenship after marriage with the EU member state
national who is employed or carries on entrepreneurial activity.
A family member who has acquired the right to permanent residence in accordance
with Article 167 paragraph 1 of this Law, and who resides in Montenegro with an EU
member state national, shall have the right to permanent residence, regardless of the
duration of temporary residence in Montenegro.
Application for the issuing of permanent residence permit
to an EU member state national
Article 169
An EU member state national shall personally file the application to the Ministry for
the issuing of a permanent residence permit, in the place of residence, on a prescribed
form.
In addition to the application referred to in paragraph 1 of this Article, an EU member
state national shall submit:
1) a valid travel document or a personal identity card issued by the competent
authority of such state;
2) evidence that he or she meets the conditions as per Article 167 of this Law.
When filing the application referred to in paragraph 1 of this Article, the national of
the EU member state shall be photographed, his or her fingerprints of two fingers shall
be taken as well as his or her personal digitalised signature, in accordance with the law
governing the issuing of a personal identity card.
Fingerprints of two fingers and signature shall not be taken from the children younger
than 12 years of age.
Application for the issuing of a permanent residence permit
to a third-country national
who is a family member of an EU member state national
Article 170
 A third-country national who is a family member of an EU member state national shall
personally file to the Ministry the application for the issuing of permanent residence
permit, in the place of residence, on a prescribed form.
In addition to the application, the person referred to in paragraph 1 of this Article shall
submit a valid foreign travel document and evidence that he or she meets the conditions
as per Article 168 of this Law.
When the person referred to in paragraph 1 of this Article files the application, he or
she shall be photographed, his or her fingerprints of two fingers shall be taken as well as
his or her personal digitalised signature, in accordance with the law governing the issuing
of a personal identity card.
Fingerprints of two fingers and signature shall not be taken from the children younger
than 12 years of age.
The application form referred to in Article 169 paragraph 1 of this Article and
paragraph 1 of this Article shall be prescribed by the Ministry.
Deciding on the application for the issuing of permanent residence permit to an EU
member state national
Article 171
Upon the receipt of the application for the issuing of a permanent residence permit to
an EU member state national, the Ministry shall issue the certificate which shall
determine the deadline within which the applicant may take over the permit.
The Ministry shall decide on the application for the issuing of a permanent residence
permit to the EU member state national, as soon as possible, not later than within 3
months from the date when the application was duly filed.
The Ministry shall issue a permanent residence permit to an EU member state national,
with the prior opinion of the existence of obstacles for the reasons of national i.e. internal
security obtained from the Agency and the police.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 3 of this Article, and not later than 60 days from the date of receipt of the
request for opinion.
If the Ministry does not receive the opinions referred to in paragraph 3 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a permanent residence permit.
A permanent residence permit shall be issued with the validity period of ten years.
The Ministry shall decide on the rejection of the application for the issuing of a
permanent residence permit to an EU member state national, by issuing a decision.
Against the Decision referred to in paragraph 7 of this Article, an administrative
procedure may be initiated.
Deciding on the application for the issuing of permanent residence permit to a third-
country national who is a family member
of an EU member state national
Article 172
On the application for the issuing of a permanent residence permit to a third-country
national who is a family member of an EU member state national, the Ministry shall
decide within six months from the date when the application was duly filed.
 The decision on the application for the issuing of a permanent residence permit
referred to in paragraph 1 of this Article shall be subject to Article 171 paragraphs 2
through 8 of this Law.
Termination of permanent residence for an EU member state national and for a third-
country national who is his or her family member
Article 173
Permanent residence shall be terminated for an EU member state national, if:
1) his or her entry and stay in Montenegro is banned;
2) it is established that he or she has uninterruptedly resided outside Montenegro for
more than two years.
The Ministry shall issue the decision on the termination of permanent residence.
Against the decision referred to in paragraph 2 of this Article an administrative
procedure may be initiated.
The provisions of paragraphs 1, 2 and 3 of this Article shall also apply to the
termination of permanent residence of a third-country national who is a family member
of an EU member state national.
Expulsion of an EU member state national
and a member of his or her family
Article 174
To an EU member state national and his or her family member a decision on return
may be issued, the deadline for voluntary departure from Montenegro may be defined or
extended, i.e. an entry and stay may ban be imposed in accordance with Article 107 of
this Law.
An EU member state national and his or her family member may be expelled from
Montenegro if this is required for the reasons of national i.e. internal security or public
health.
An EU member state national and his or her family member may not be expelled from
Montenegro if the disease which poses a threat to public health has occurred three
months after his or her entry to Montenegro.
When issuing a decision on expulsion of an EU member state national and his or her
family member, duration of stay and personal, family, economic and other
circumstances, the level of his or her social and cultural integration in Montenegro, age,
health condition, and his or her connections with the country of origin shall be
particularly taken into account.
The decision on expulsion of an EU member state national and his or her family
member who is granted permanent residence in Montenegro or who uninterruptedly and
legally resides in Montenegro for ten years or is a minor may be issued only if the
reasons of national i.e. internal security exist, or if that is in the best interest of a foreign
national minor.
An EU member state national and his or her family member shall be considered to
illegally stay in Montenegro if they stay in Montenegro during the period of entry and
stay ban within the meaning of Article 110 paragraph 4 of this Law.
Under the decision on expulsion referred to in paragraph 2 of this Article the deadline
for leaving Montenegro may not be shorter than 30 days.
Stay ban of an EU member state national
 and his or her family member
Article 175
An EU member state national and his or her family member shall not stay in
Montenegro during the period of the entry and stay ban, unless it is necessary that he or
she personally presents his or her case in the procedure of deciding on his or her
expulsion.
An EU member state national and his or her family member, who is banned from
entering and staying in Montenegro, may file the application for annulment and
shortening of the entry and stay ban, three years from the issuing of enforceable decision
pronouncing the entry ban, whereby he or she shall submit the evidence that the
circumstances due to which the decision on the entry ban was issued have materially
changed.
If the decision on the expulsion of an EU member state national and his or her family
member is not enforced within two years, the police shall check if the reasons referred to
in paragraph 2 of this Article exist and if the police establishes that such reasons exist,
they shall annul the decision on expulsion.
Purpose of documents issued to EU member state nationals
and members of their family
Article 176
Certificate of residence registration, temporary residence permit and permanent
residence permit issued to an EU member state national, a family member of an EU
member state national, who is the national of the EU member state, and to a third-country
national who is a family member of an EU member state national, shall be public
documents with which the foreign national evidences that he or she has been granted
temporary i.e. permanent residence in Montenegro.
An EU member state national and his or her family member shall carry with them the
documents referred to in paragraph 1 of this Article and shall present them upon the
request of the authorized official.
An EU member state national and his or her family member who does not carry with
him or her the document referred to in paragraph 1 of this Article or any other identity
document, shall provide appropriate details of himself or herself, upon the request of the
police officer.
An EU member state national and his or her family member shall neither give the
documents referred to in paragraph 1 of this Article to other person for use nor use an
invalid document or other person’s document as his or her own.
The termination of validity of documents referred to in paragraph 1 of this Article
shall not constitute the grounds for the termination of residence or expulsion from
Montenegro.
The obligations of foreign national and actions in the event of disappearance of
documents referred to in paragraph 1 of this Article shall be subject to Article 148 of this
Law.
Application forms and temporary and permanent residence forms for EU member state
nationals and their family members
Article 177
 A temporary residence permit and a permanent residence permit issued to an EU
member state national, a family member of an EU member state national, who is a EU
member state national, and a third-country national who is a family member of an EU
member state national, shall be issued on a prescribed form which shall contain: the coat
of arms of Montenegro, name "Montenegro ", name of permit, and protective elements
and sections for entry of personal and other data.
The data referred to in paragraph 1 of this Article shall be: surname, name, unique
foreign national ’s identification number, sex, citizenship, day, month and year of birth,
permit number, date of issuing, expiry date, photograph, signature, name of issuing
authority, and machine readable record.
The entry of the data referred to in paragraph 2 of this Article into the permit form
shall be made by the Ministry.
The data containing machine readable record shall be determined by the Ministry in
accordance with the recommendations ICAO Dos 9303.
Permit forms referred to in paragraph 1 of this Article shall be prepared by the
Ministry, in accordance with Article 42 of this Law.
The costs for the preparation of permit forms referred to in paragraph 1 of this Article
shall be borne by the applicant.
Permit forms referred to in paragraph 1 of this Article and the amount of fee referred
to in paragraph 6 of this Article shall be prescribed by the Ministry.
Rights of EU member state nationals and of their family members
Article 178
An EU member state national as well as his or her family member, who has the right
to reside in Montenegro, regardless of whether he or she is an EU member state national
or not, shall be equal to the rights of the Montenegrin nationals, in accordance with the
Treaty on the Functioning of the European Union.
When issuing the documents on stay in accordance with this Law, the persons referred
to in paragraph 1 of this Article shall be exempted from the payment of the fee in
accordance with the Law governing administrative fees.
Within the meaning of paragraph 1 of this Article, the following shall be considered as
family:
1) spouses;
2) children of up to and including 21 years of age or dependants, as well as children of
spouses or partners;
3) relatives in a direct line who are dependants, as well as relatives in a direct line of
spouses or partners;
4) a person who in the country from which he or she came from is a dependant, or a
household member of an EU member state national, or when severe medical reasons
strictly require an EU member state national to personally care for a family member.
The provisions of this Law relating to the EU member state nationals shall also relate
to the nationals of Iceland, the Principality of Liechtenstein, Kingdom of Norway, and
the Swiss Confederation.
X. STAY AND WORK OF THIRD-COUNTRY NATIONALS WITH GRANTED
PERMANENT RESIDENCE IN ANOTHER EU MEMBER STATE AND OF THEIR
FAMILY MEMBERS
Entry and stay of third-country nationals with granted permanent residence in another EU
member state
Article 179
A third-country national with granted residence in another EU member state may stay
in Montenegro for up to 90 days from the day of entry into Montenegro, i.e. until the
expiry of the period for which visa or residence permit has been issued to him or her by
another EU member state, if the validity period of visa or residence permit is shorter than
90 days.
A third-country national referred to in paragraph 1 of this Article, who intends to stay
in Montenegro for longer than 90 days, shall prior to the expiry of visa or residence
permit validity period issued by another EU member state, file to the Ministry the
application for the issuing of a temporary residence permit.
Application for the issuing of temporary residence permit to a third-country national with
permanent residence granted in another EU member state
Article 180
A third-country national as per Article 179 of this Law shall personally file to the
Ministry the application for the issuing of a temporary residence permit, in the place of
residence, on the form as per Article 61 paragraph 6 of this Law.
In addition to application referred to in paragraph 1 of this Article, a third-country
national shall submit the evidence of the fulfilment of conditions as per Article 43
paragraph 1 items 1, 2, 3, 4, 7 and 9 of this Law.
When filing the application referred to in paragraph 1 of this Article, the third-country
national shall be photographed, his or her fingerprints of two fingers shall be taken and
as well as his or her digitalised personal signature, in accordance with the law governing
the issuing of a personal identity card.
Fingerprints of two fingers and signature shall not be taken from the children younger
than 12 years of age.
A third-country national who duly files the application for the issuing of a temporary
residence permit prior to the expiry of 90-day stay, may stay in Montenegro until it is
decided on the application.
Application for issuing of a temporary residence permit for a family member of a third-
country national with permanent residence granted in another EU member state
Article 181
A family member of a third-country national with permanent residence granted in
another EU member state shall personally file to the Ministry the application for the
issuing of a temporary residence permit, on the form referred to in Article 61 paragraph 6
of this Law.
Within the meaning of paragraph 1 of this Article, a family member shall be persons
referred to in Article 44 paragraph 2 of this Law.
In addition to the application referred to in paragraph 1 of this Article, a family
member of a third-country national shall submit the evidence on the fulfilment of
conditions as per Article 43 paragraph 1 items 1, 2, 3, 4, 7 and 9 of this Law, as well as:
1) evidence that his temporary residence is granted in another EU member state;
2) evidence that he or she is a family member of a third-country national with granted
permanent residence in another EU member state.
 The application referred to in paragraph 1 of this Article shall be subject to Article 180
paragraphs 3, 4 and 5 of this Law.
Deciding on the application for the issuing of a temporary residence permit to a third-
country national with permanent residence granted in another EU member state and to his
or her family member
Article 182
The decision on the application as per Articles 180 and 181 of this Law and the issuing
of a temporary residence permit for a third-country national with permanent residence
granted in another EU member state and to his or her family member shall be subject to
Article 62 of this Law.
The extension of temporary residence, termination of permit, and expulsion of foreign
national referred to in paragraph 1 of this Law shall be accordingly subject to the
provisions of this Law relating to temporary residence of an EU member state national.
Notifying the other EU member state
Article 183
Of the issued temporary residence permit to a third-country national with permanent
residence granted in another EU member state and to his or her family member, of the
extension of the temporary residence, and of the expulsion of such persons, the Ministry
shall notify the competent authority of another EU member state where permanent
residence is granted to a third-country national.
XI. STAY AND WORK OF THIRD-COUNTRY NATIONALS WITH HIGHER
EDUCATION QUALIFICATIONS
Employment of a third-country national
who possesses higher education qualifications
Article 184
A third-country national with higher education qualifications who possesses necessary
i.e. appropriate expertise and a temporary residence and work permit, may become
employed in Montenegro in accordance with the regulations on employment.
Higher education qualification shall be considered a qualification acquired upon the
completion of an appropriate study programme, in accordance with the regulations
governing higher education.
Temporary residence and work permit of a third-country national with higher
education qualifications (hereinafter: “EU Blue Card”) shall be issued to a foreign
national who meets the conditions referred to in paragraph 1 of this Article and Article
43 of this Law.
Application for the issuing of a temporary residence and work permit
Article 185
A third-country national with higher education qualifications shall personally file to
the Ministry the application for the issuing of a temporary residence and work permit, in
the place of residence, on the form referred to in Article 79 paragraph 9 of this Law.
With the application referred to in paragraph 1 of this Article, a third-country national
with higher education qualifications shall, in addition to evidence of the fulfilment of
conditions as per Article 43 of this Law, submit:
 1) employment contract concluded with the employer in Montenegro, for the term of
minimum 12 months;
2) evidence of higher education or of completed undergraduate or postgraduate
studies.
The contract referred to in paragraph 2 item 1 of this Article shall indicate annual
gross salary the amount of which may not be lower than one and a half of average gross
salary in Montenegro, according to the data of the administration authority in charge of
statistics.
When filing the application referred to in paragraph 1 of this Article, the applicant
shall be photographed, his or her fingerprints of two fingers shall be taken and as well as
the digitalised personal signature, in accordance with the law governing the issuing of a
personal identity card.
The person referred to in paragraph 1 of this Article, who duly files the application for
the issuing of a temporary residence permit prior to the expiry of 90-day stay, may
remain in Montenegro until the decision is issued on the application for the issuing of the
EU Blue Card.
Deciding on the application for the issuing of the EU Blue Card
Article 186
The Ministry shall issue the confirmation of the receipt of the application for the
issuing of the EU Blue Card determining the deadline within which the applicant may
take over the EU Blue Card.
On the application for the issuing of the EU Blue Card it shall be decided within 20
days from the date of duly filed application.
The EU Blue Card shall be issued by the Ministry, with prior opinion of the Agency
and the police of the existence of any obstacles for the reasons of national i.e. internal
security.
The Agency and the police shall promptly submit to the Ministry the opinion referred
to in paragraph 3 of this Article, not later than seven days from the date of receipt of the
request for opinion.
If the Ministry does not receive the opinions referred to in paragraph 3 of this Article
within the prescribed period, it shall be considered that there are no obstacles for the
issuing of a temporary residence permit.
The rejection of the application for the issuing of the EU Blue Card shall be subject to
the decision.
Against the decision referred to in paragraph 6 of this Article an appeal may be lodged
to the Ministry within eight days from the date of receipt of the decision.
Validity period of the EU Blue Card
Article 187
The EU Blue Card shall be issued with the validity period of up to two years.
If the employment contract has been concluded for the term shorter than two years, the
EU Blue Card shall be issued for the term of the employment contract, increased by
additional three months.
Rejection of application for the issuing of the EU Blue Card
Article 188
 The application for the issuing of the EU Blue Card shall be rejected if a third-country
national does not meet the conditions as per Article 184 of this Law and fails to submit
the evidence as per Article 185 paragraph 2 of this Law, or if it is established that the
submitted documents were illegally obtained.
The Ministry may reject the application for the issuing of the EU Blue Card if the
employer from whom he or she received the offer has been punished for illegal
employment or has failed to register the work of a foreign national, or the applicant has
breached the provisions of this law relating to the entry, stay and work of foreign
nationals.
Work pursuant to the EU Blue Card
Article 189
A third-country national who has been issued the EU Blue Card (hereinafter: “EU
Blue Card holder”) may work in Montenegro only on the jobs for which the EU Blue
Card has been issued to him or her, and only for the employer who employs him or her.
The employer may assign an EU Blue Card holder only to such jobs for which the EU
Blue Card was issued.
The employer shall keep a copy of the EU Blue Card in the business premises or at the
place of work of the foreign national.
Where the employment contract terminates and where other conditions based on which the
EU Blue Card was issued cease to exist, the employer or the EU Blue Card holder shall notify
the Ministry thereof, not later than within eight days from the date when such circumstances
have arisen.
Extension of the EU Blue Card
Article 190
An application for the extension of the EU Blue Card shall be personally submitted to the
Ministry, in the place of residence, no later than 30 days before the expiration of the EU Blue
Card validity period.
The procedure for extension of the EU Blue Card shall be subject to the provisions of
Article 186 of this Law.
Change of employer
Article 191
The EU Blue Card holder, who changes his employer within the first two years of stay in
Montenegro, shall submit to the Ministry an application for the issuing of a new EU Blue Card,
within eight days from the date of termination of employment with the initial employer.
After the expiry of the period of two years, the EU Blue Card holder shall notify the Ministry
of the change of employer, within eight days of the change, and shall submit the new
employment contract with the new employer.
The EU Blue Card referred to in paragraph 2 of this Article shall be valid until the
expiry of its validity period.
The rights of the EU Blue Card holder
Article 192
The EU Blue Card holder in Montenegro shall have rights in accordance with Article 93
paragraph 1 items 2 through 7 of this Law.
Termination of the EU Blue Card validity
 Article 193
The EU Blue Card shall cease to be valid:
1) upon the expiry of its validity period;
2) if the EU Blue Card holder has failed to notify the Ministry of the change of
employer;
3) if the EU Blue Card holder works for an employer for which he was not issued the
EU Blue Card;
4) if the EU Blue Card holder performs jobs for which the EU Blue Card was not
issued, or performs other jobs for which he could not be issued the EU Blue Card;
5) if the EU Blue Card holder does not have any means to support himself or herself
and he or she has applied for social welfare;
6) after the conditions for its issue have ceased to exist;
7) in the event that the employment contract as per Article 185 paragraph 2 item 1 of
this Law terminates;
8) if during the validity of the EU Blue Card, the EU Blue Card holder was
unemployed for more than three months without interruptions or became unemployed
two or more times;
9) if the EU Blue Card holder was pronounced a protective measure of removal, a
security measure of expulsion of foreign national from the state or protective measure of
expulsion of foreign national from the territory of Montenegro;
10) when the EU Blue Card holder acquires the right to permanent residence.
Exceptionally from paragraph 1 item 2 of this Article, the EU Blue Card shall not
cease to be valid if the EU Blue Card holder, for the reasons beyond his or her control,
has failed to inform the Ministry of the change of employer.
The validity of the EU Blue Card shall not terminate for the EU Blue Card holder who
during its validity became unemployed for no longer than three months, uninterruptedly.
In the event referred to in paragraph 3 of this Article, the EU Blue Card holder may
seek other employment, whereof he or she shall inform the Ministry.
The Ministry shall issue the decision on the termination of validity of the EU Blue
Card referred to in paragraph 1 items 2 through 9 of this Article.
Against the decision referred to in paragraph 5 of this Article an appeal may be lodged
to the Ministry within eight days from the date of receipt of the decision.
Temporary residence of a family member of the EU Blue Card holder
Article 194
A family member of the EU Blue Card holder may be issued a temporary residence
permit for family reunification as per Article 44 of this Law, in accordance with the
provisions of this law relating to the issuing of such permit.
A temporary residence permit for family reunification referred to in paragraph 1 of this
Law shall be issued with the validity period until the expiry of the EU Blue Card validity.
A family member of the EU Blue Card to whom temporary residence is granted for the
purpose of family reunification may become employed in Montenegro, in accordance
with this Law.
Permanent residence of the EU Blue Card holder
Article 195
 A permanent residence permit may be issued to an EU Blue Card holder if until the
date of submission of the application for the issuing of permit he or she has legally
stayed in Montenegro pursuant to the EU Blue Card, for five uninterrupted years.
Exceptionally from paragraph 1 of this Article, a permanent residence permit may be
issued to a third-country national who has stayed in another EU member state as an EU
Blue Card holder for uninterrupted five years, of which he or she stayed in Montenegro
as an EU Blue Card holder for a minimum of two years prior to filing the application for
the issuing of a permanent residence permit.
It shall be considered that the EU Blue Card holder referred to in paragraphs 1 and 2 of
this Article has uninterruptedly stayed in Montenegro even in the event when he or she
stayed outside the European Union for up to one year, or more than once, up to 18
months in total.
Exceptionally from paragraph 3 of this Article, the EU Blue Card holder referred to in
paragraphs 1 and 2 of this Article shall be considered to have uninterruptedly stayed in
the area of the European Union also in the event when he or she stayed outside the
European Union for uninterrupted 24 months, provided that he or she proves that he or
she was absent for:
1) work or entrepreneurial activity;
2) charity work;
3) studying in the country of origin.
Filing the application for the issuing of a permanent residence permit
to an EU Blue Card holder
Article 196
The application for the issuing of a permanent residence permit to an EU Blue Card
holder shall be personally filed to the Ministry, in the place of residence, on the form
referred to in Article 89 paragraph 1 of this Law.
In addition to the application referred to in paragraph 1 of this Article, a foreign
national shall submit the evidence of the fulfilment of conditions as per Article 88 of
this Law.
The application referred to in paragraph 1 of this Article shall be subject to the
provisions of Article 89 of this Law.
Deciding on the application for the issuing of permanent residence permit to the EU Blue
Card Holder
Article 197
The Ministry shall issue a permanent residence permit to the EU Blue Card holder
upon previously obtained opinion of the Agency and the police on the existence of any
obstacles for the reasons of national i.e. internal security.
On the application for the issuing of a permit referred to in paragraph 1 of this Article
shall be decided within 3 months from the date when the application was duly filed.
If an EU Blue Card holder is issued a permanent residence permit, the permit shall
contain the note: "former EU Blue Card holder".
The procedure of deciding on the application for the issuing of a permanent residence
permit to an EU Blue Card holder shall be subject to the provisions of Article 90 of this
Law.
Termination of permanent residence of the EU Blue Card holder
 Article 198
Permanent residence of a third-country national and former EU Blue Card holder shall
terminate if:
1) his or her entry and stay in Montenegro is banned;
2) it is established that he or she has stayed outside Montenegro for longer than
uninterrupted two years.
The Ministry shall issue the decision on the termination of a permanent residence.
The procedure of deciding on the termination of permanent residence shall be subject
to the provisions of Article 94 of this Law.
Against the decision referred to in paragraph 2 of this Article an administrative
procedure may be initiated.
Granting residence to a third-country national with the EU Blue Card issued in another
EU member state
Article 199
A third-country national with the EU Blue Card issued in another EU member state
may file the application for the issuing of a temporary residence and work permit in
Montenegro, after 18 months from the date of the Blue Card issue.
The application referred to in paragraph 1 of this Article shall be filed to the Ministry
in accordance with Article 185 of this Law, not later than 30 days from the date of entry
into Montenegro.
In addition to the application referred to in paragraph 2 of this Article, a third-country
national with the EU Blue Card issued in another EU member state shall submit the
evidence that the EU Blue Card has been issued to him or her in another EU member
state for at least 18 months.
Decision on the application referred to in paragraph 2 of this Article shall be made in
accordance with Article 186 of this Law.
The Ministry shall notify the EU member state where the EU Blue Card was issued to
the applicant of the issuing of a temporary residence and work permit in Montenegro to
the person referred to in paragraph 1 of this Article or of the rejection of application
referred to in paragraph 2 of this Article.
Admission of the EU Blue Card holder
Article 200
The police shall allow to the EU Blue Card holder and his or her family member to
enter and stay in Montenegro if they have been rejected the application for the issuing of
the EU Blue Card by another EU member state or if such state imposed on them the
measures for leaving the country.
The paragraph 1 of this Article shall be applied also in the event that the EU Blue Card
has expired or ceased to be valid.
The EU Blue Card holder, who returns to Montenegro together with family members
in accordance with paragraph 1 of this Article, shall be entitled to work and to change the
employer in accordance with Article 191 of this Law.
If for the EU Blue Card holder such document has ceased to be valid, he or she shall
file the application for the issuing of a new EU Blue Card, in accordance with Article
185 of this Law.
Rights of the family member of the EU Blue Card holder who has moved
 Article 201
Family members of the EU Blue Card holder as per Article 199 of this Law shall have
the right to join him or her for family reunification in accordance with Article 44 of this
Law, if they have legally stayed with him or her in another EU member state.
The family members referred to in paragraph 1 of this Article shall submit to the
Ministry the application for temporary residence for family reunification according to
their place of residence, within 30 days from the date of entry into Montenegro.
In addition to the application referred to in paragraph 2 of this Article, the following
shall be submitted:
1) a valid travel document i.e. visa, if necessary;
2) a permit evidencing that they have stayed in the EU member state as family
members;
3) evidence of health insurance;
4) evidence of means to support themselves.
The EU Blue Card application form
Article 202
The EU Blue Card shall be issued on a prescribed form containing: the coat of arms of
Montenegro, name "Montenegro ", name of permit, and protective elements and sections
for entry of personal and other data.
The data referred to in paragraph 1 of this Article shall be: surname, name, unique
foreign national ’s identification number, sex, citizenship, day, month and year of birth,
permit number, date of issuing, expiry date, photograph, signature, name of issuing
authority, and machine readable record.
The entry of the data referred to in paragraph 2 of this Article in the permit form shall
be made by the Ministry.
The data containing machine readable record shall be determined by the Ministry in
accordance with the recommendations ICAO Dos 9303.
The EU Blue Card form shall be prepared by the Ministry, in accordance with Article
42 of this Law.
The EU Blue Card form shall be prescribed by the Ministry.
Exception from application
Article 203
The provisions of Articles 184 through 202 of this section shall not relate to the
persons referred to in Article 3 paragraph 2 of the Directive 2009/50/EC on the
conditions of entry and residence of third-country nationals for the purposes of highly
qualified employment.
XII. MOVEMENT OF FOREIGN NATIONALS IN UNIFORM
Conditions for wearing a foreign military uniform
Article 204
During their stay in Montenegro, foreign nationals may move in foreign military
uniforms if:
1) they are staying as members of a diplomatic or consular mission of a foreign
country or in some other foreign mission with a diplomatic status in Montenegro as
military representatives while the mission is underway;
 2) they are on an official visit as members of a foreign military mission or foreign
military delegation;
3) they are studying at military school;
4) they are passing through the territory of Montenegro as members of foreign military
missions or foreign military delegations with diplomatic or official travel documents;
5) they are participating in a military exercise and training.
Conditions for wearing foreign police or customs uniforms
Article 205
During their stay in Montenegro, foreign national s may travel in foreign police or
customs uniforms if:
1) they are on an official visit as members of delegations of foreign police or customs
authorities;
2) they are carrying out their duties on the basis of an international treaty;
3) they are studying at a police academy;
4) they are passing through the territory of Montenegro as members of foreign police
or foreign customs delegations with diplomatic or official travel documents.
XIII. RECORDS
Types and competence for keeping records
Article 206
The Ministry shall keep records of: issued temporary residence permits, issued
temporary residence and work permits, issued permanent residence permits, certificates
of residence registration issued to the EU member state nationals, temporary residence
permits issued to third-country nationals who are family members of the EU member
state nationals, permanent residence permits issued to the EU member state nationals and
their family members, temporary residence permits issued to third-country nationals with
permanent residence granted in another EU member state and to their family members,
issued EU Blue Cards, permanent and temporary residence permits issued to third-
country nationals with higher education qualifications and to their family members,
emergency travel documents issued for foreign nationals, travel documents issued to
stateless persons, and special travel documents issued to foreign nationals (hereinafter:
“Documents”), extension of documents, data entered in the document forms, applications
submitted for the issuing of documents, data contained in the application for the issuing
of documents, documents submitted with the application for the issuing of documents,
biometric data (photograph, fingerprints of two fingers and digitalized signature),
termination of documents validity, reasons and date of termination of documents validity,
documents announced invalid, documents declared missing, issued work registration
certificates, and of the prepared document forms.
A state administration authority in charge of foreign affairs shall keep the records of:
issued visas, rejected applications for the issuing of visas, and annulled visas and issued
emergency travel documents for foreign nationals in another country.
The police shall keep the records of: foreign nationals who have registered,
deregistered or changed the place of residence and who have resided in Montenegro for
up to 90 days pursuant to a short-stay visa (Visa C), and a visa for longer stay (Visa D)
or without visa, in accordance with the regulation on visa regime, foreign nationals who
have registered i.e. deregistered the place where they temporarily reside and who are
issued a temporary residence permit, temporary residence and work permit and
permanent residence permit, foreign nationals who are banned from entering
Montenegro, visas issued at the border crossing point, rejected applications for the
issuing of visas, annulled and cancelled visas, temporarily seized documents, extended
visas, foreign nationals whose stay of up to 90 days has been cancelled, issued opinions
on the temporary residence, foreign nationals accommodated in a reception centre,
foreign nationals to whom forced removal was pronounced, foreign nationals who
entered Montenegro illegally, foreign nationals whose movement is restricted or
prohibited in a particular area of Montenegro, foreign nationals whose stay is cancelled
pursuant to the visa for a longer stay, issued opinions on permanent residence, foreign
nationals who are expelled, foreign nationals who are issued the decision on return,
foreign nationals whose freedom of movement is restricted, foreign nationals who are
pronounced measures milder than the measures of accommodation in the reception
centre, and the foreign nationals who are imposed a stricter police supervision.
The data and documents on personal identity cards for foreign nationals, issued prior
to the effective date of this Law, shall be an integral part of the records referred to in
paragraph 1 of this Article.
The records referred to in paragraphs 1 and 3 of this Article shall be electronically kept
databases.
The content of records referred to in paragraphs 1 and 3 of this Article shall be
prescribed by the Ministry, and the content of records referred to in paragraph 2 of this
Article shall be prescribed by a state administration authority in charge of foreign affairs.
The data on a foreign national who was issued a temporary residence permit and a
temporary residence and work permit shall be kept for five years after the deregistration
of foreign national ’s residence, after which they shall be deleted from records.
Keeping the data
Article 207
The data on a foreign national who has been issued a temporary residence permit and
a temporary residence and work permit shall be kept for five years after the deregistration
of foreign national ’s residence, after which they shall be deleted from records.
The data on a foreign national with residence of up to 90 days shall be kept five years
after the deregistration of residence, whereafter they shall be deleted from records.
Use of the data
Article 208
The data of the records referred to in Article 206 of this Law, except for the
fingerprints and signature, may be used by the Ministry and the police, for the purpose of
conducting activities within their competence.
State authorities, state administration authorities, local self-government authorities,
local government authorities, and other authorities may use the data of the records,
except for biometric data, for the purpose of conducting activities within their
competence, provided that they have been authorized to use such data under the Law.
The authorities referred to in paragraphs 1 and 2 of this Article shall be obliged to
ensure that the used data contained in the records are protected against accidental or
unauthorized access, use, processing and forwarding, in accordance with the Law.
The data contained in the records may be used for statistical, scientific, research and
other purposes, in accordance with the provisions stipulating personal data protection.
 The data contained in the records may be used by a data subject, upon his or her
request.
XIV. SUPERVISION
Competence
Article 209
The supervision of the implementation of this Law and regulations adopted based on
this Law shall be conducted by the Ministry and state administration authority in charge
of foreign affairs, within their defined competences.
The control of the movement and stay of foreign nationals shall be performed by the
authorized person of the police, in accordance with this Law.
The inspection supervision shall be performed by the labour inspector and other
competent inspection services, within their competences, in accordance with this Law
and the law governing inspection supervision.
XV. PENAL PROVISIONS
Article 210
An employer-legal entity shall be punished for misdemeanour with a fine in the
amount from 1,000 EUR to 10,000 EUR, if:
1) a student works longer than 15 hours a week (Article 48 paragraph 3);
2) a foreign national researcher works as a lecturer or professor longer than 15 hours
a week (Article 50 paragraph 6);
3) assigns the foreign national to jobs for which a temporary residence and work
permit i.e. a work registration certificate was not issued to him or her (Article 66
paragraph 3);
4) does not keep in business premises or workplace of a foreign national , a copy of
the residence and work permit i.e. a copy of a work registration certificate of a foreign
national employed by them (Article 66 paragraph 4);
5) fails to inform the Ministry of the termination of foreign national’s employment
prior to the expiry of the residence and work permit validity period, not later than within
eight days from the date of termination of foreign national’s employment (Article 66
paragraph 5);
6) employs or uses the work of a foreign national who illegally stays in Montenegro
(Article 66 paragraph 6);
7) does not keep in business premises i.e. workplace of a foreign national a copy of a
temporary residence permit, a copy of a work registration certificate, i.e. an evidence of
the recognized refugee status or granted additional protection, or evidence on the granted
asylum or subsidiary protection or temporary protection as per Article 67 paragraph 1
items 1 through 8 of this Article (Article 67 paragraph 4);
8) within eight days from the date of employment or beginning of foreign national’s
work, i.e. the termination of foreign national’s employment as per Article 67 paragraph 1
of this Law, fails to inform the Ministry thereof (Article 67 paragraph 5);
9) within eight days from the date of the issuing of a temporary residence and work
permit for employment or seasonal employment, fails to conclude employment contract
with a foreign national and register such a foreign national for compulsory social
insurance (Article 70 paragraph 4 and Article 71 paragraph 4);
 10) fails to notify the Ministry, not later than within three days, that a foreign national
has not started working, for the purpose of annulment of the residence and work permit
(Article 70 paragraph 5 and Article 71 paragraph 5);
11) fails to submit the work registration certificate to the Ministry, prior to the
beginning of work of the foreign national referred to in Article 85 paragraph 2 of this
Law (Article 85 paragraph 3);
12) employs the EU Blue Card holder on the jobs for which the EU Blue Card was not
issued (Article 189 paragraph 2);
13) does not keep the copy of the EU Blue Card in the business premises i.e.
workplace of a foreign national (Article 189 paragraph 3);
14) fails to inform the Ministry in the event of termination of the employment contract
and other conditions based on which the EU Blue Card was issued, not later than within
eight days from the date of occurrence of such circumstances (Article 189 paragraph 4).
For the misdemeanour referred to in paragraph 1 of this Article a person responsible in
the legal entity shall also be punished with a fine in the amount from 300 EUR to 2,000
EUR.
For the misdemeanour referred to in paragraph 1 of this Article an entrepreneur shall
be punished by a fine in the amount from 300 EUR to 6,000 EUR.
For the misdemeanour referred to in paragraph 1 of this Article a protective measure
of the prohibition of performing the business activity may also be pronounced in the
duration of up to six months.
Article 211
A legal entity shall be punished for a misdemeanour with a fine in the amount from
3,000 EUR to 5,000 EUR if:
1) it brings to the border crossing point or to the territory of Montenegro a foreign
national who does not meet the conditions as per Article 9 of this Law (Article 13
paragraph 1);
2) it fails to transport the foreign national from the border crossing point, at its own
expense, or fails to find another modality of transportation or fails to assume the costs
incurred during the stay and return of such foreign national (Article 13 paragraph 2);
3) it fails to assume the obligation as per Article 13 paragraph 4 of this Law (Article
13 paragraph 5).
For the misdemeanour referred to in paragraph 1 of this Article a person responsible in
the legal entity shall also be punished with a fine in the amount from 300 EUR to 1,200
EUR.
For the misdemeanour referred to in paragraph 1 of this Article an entrepreneur shall
also be punished with a fine in the amount from 300 EUR to 1,200 EUR.
For the misdemeanour referred to in paragraph 1 of this Article a protective measure
of the prohibition of performing the business activity may be pronounced in the duration
of up to six months.
A natural person, upon whose invitation a foreign national has been issued visa or
granted entry to Montenegro, shall be punished with a fine in the amount from 500 EUR
to 2,000 EUR, when such foreign national has been subject to the forced removal in
accordance with this Law, if such natural person fails to assume the costs incurred during
the stay and return of the foreign national (Article 13 paragraph 5).
Article 212
 A legal entity shall be punished for a misdemeanour with a fine in the amount from
500 EUR to 3,000 EUR if:
1) it fails to file the application to the police for registration or deregistration as per
Article 97 paragraph 1 of this Law, in the place where the residence of foreign national
is registered, within 12 hours from the arrival (Article 97 paragraph 2);
2) it fails to check the truthfulness of data by inspecting a foreign travel document of
the person to whom it provides accommodation services, and provides untrue data in the
application for registration and deregistration of residence filed to the police (Article 97
paragraph 7);
3) fails to keep records of foreign nationals to whom it provides accommodation
services (Article 98 paragraph 1);
4) fails to keep data in records referred to in Article 98 paragraph 1 of this Law two
years from the date of entry (Article 98 paragraph 3);
5) fails to enable the police to inspect the records referred to in Article 98 paragraph 1
of this Law (Article 98 paragraph 4);
6) when registering i.e. deregistering the residence of a foreign national , fails to
submit the certificate referred to in Article 99 paragraph 2 of this Law, on a prescribed
form and in writing (Article 99 paragraph 3);
7) fails to submit to the police the registration i.e. the deregistration electronically
(Article 100 paragraph 2);
8) fails to submit to the police the registration or the deregistration for a foreign
national with stay of up to 90 days, to whom it provides the accommodation for longer
than 12 hours, within 12 hours from the arrival i.e. departure of a foreign national
(Article 101 paragraph 1);
9) fails to submit to the police the certificate of residence registration for a foreign
national who was admitted for medical treatment, within 12 hours from the hour of
admission (Article 101 paragraph 2);
10) fails to submit to the police the deregistration of the residence of foreign national
after the completed medical treatment, within 12 hours from the completion of treatment
(Article 101 paragraph 3).
For the misdemeanour as per paragraph 1 of this Article a person responsible in the
legal entity shall also be punished with a fine in the amount from 150 EUR to 500 EUR.
For the misdemeanour as per paragraph 1 of this Article a natural person who provides
the accommodation services shall also be punished with a fine in the amount from 150
EUR to 500 EUR.
For the misdemeanour as per paragraph 1 of this Article an entrepreneur shall be
punished with a fine in the amount from 300 EUR to 1,500 EUR.
Article 213
A foreign national shall be punished for the misdemeanour with a fine in the amount
from 200 EUR to 1,200 EUR if:
1) he or she enters, stays and moves in Montenegro without a valid foreign travel
document which contains a visa or without a valid foreign travel document with which
he or she has a temporary residence permit, a temporary residence and work permit, i.e. a
permanent residence permit (Article 9 paragraph 1);
2) he or she fails to observe the restriction or prohibition of movement at a particular
area of Montenegro (Article 10);
 3) he or she fails to use the travel document with which he or she has entered
Montenegro (Article 11 paragraph 2);
4) he or she stays in Montenegro contrary to the purpose for which the visa has been
issued to him or her (Article 17 paragraph 1);
5) he or she fails to stay in Montenegro in accordance with the purpose for which the
temporary residence has been granted to him or her (Article 39 paragraph 2);
6) he or she works longer than 15 hours a week (Article 48 paragraph 3);
7) he or she works longer than 15 hours a week (Article 50 paragraph 6);
8) he or she does not work pursuant to a temporary residence and work permit or work
registration certificate (Article 66 paragraph 1);
9) he or she does not work in Montenegro on the jobs for which temporary residence
and work permit or the work registration certificate has been issued to him or her and for
the employer who employs him or her (Article 66 paragraph 2);
10) he or she has illegally entered or stays in Montenegro or fails to promptly leave its
territory or within the period defined for him or her (Article 104 paragraph 1);
11) fails to observe the rules of stay in the reception centre or leaves the reception
centre without permission (Article 131 paragraph 1);
12) does not carry with him or her, or upon the request of an authorized official,
refuses to present the document evidencing his or her identity (Article 145 paragraph 2);
13) gives his or her identity document to another person for use, or uses invalid or
other person’s document as his or her own (Article 145 paragraph 3);
14) does not use his or her personal name which is entered in the document referred to
in Article 145 paragraph 1 of this Law.
Article 214
A foreign national shall be punished with a fine in the amount from 60 EUR to 600
EUR if:
1) he or she fails to file the application for the extension of permit referred to in Article
91 paragraph 2 of this Law, within eight days from the date of expiry of the permit
validity period (Article 91 paragraph 3);
2) he or she has been issued visa for a longer stay (visa D) or stays in Montenegro for
up to 90 days and fails to file to the police the application for registration in the place
where he or she intends to stay or if he or she intends to stay in another place for longer
than 24 hours, within 24 hours from the arrival to the place of residence (Article 96
paragraphs 1, 3 and 4);
3) he or she has been issued a temporary residence permit, a temporary residence and
work permit, or a permanent residence permit, and fails to file to the police the
application for registration of residence in the event that he or she temporarily resides in
another place in Montenegro for longer than three days (Article 96 paragraph 2);
4) he or she fails to file to the police the application for deregistration of residence
within 24 hours prior to leaving the place of residence (Article 96 paragraph 5);
5) he or she fails to file the application for registration and deregistration of residence
referred to in Article 96 paragraphs 1 through 5 of this Law for a child (Article 96
paragraph 7);
6) within eight days from the date of the occurrence of the reasons as per Article 146
paragraph 1 of this Law fails to file the application for the replacement of a document
(Article 146 paragraph 2);
 7) fails to return the temporary residence permit, temporary residence and work
permit, and permanent residence permit if such permit has ceased to be valid or he or she
has acquired Montenegrin citizenship or is moving out of Montenegro (Article 147
paragraph 1 indents 1, 2 and 3);
8) fails to report the missing identity document (Article 148 paragraph 1);
9) during the stay in Montenegro moves in a foreign military uniform, except in the
cases stipulated in Article 204 of this Law;
10) during the residence in Montenegro moves in a foreign police uniform or a foreign
customs uniform, except in the cases stipulated in Article 205 of this Law.
Article 215
A national of the EU member state and a member of his or her family shall be
punished for a misdemeanour with a fine in the amount from 200 EUR to 1,200 EUR if
they do not carry or upon the request of an authorized official refuse to present the
document evidencing their identity (Article 176 paragraph 2).
An EU Blue Card holder shall be punished for the offence with a fine in the amount
from 200 EUR to 1,200 EUR if:
1) he or she works on the jobs for which he has not been issued the EU Blue Card or
works for an employer by whom he or she has not been employed ( Article 189
paragraph 1);
2) he or she has failed to notify the Ministry in the event of termination of the
employment contract or other conditions based on which the EU Blue Card was issued
(Article 189 paragraph 4);
3) he or she has failed to file the application for the extension of the EU Blue Card,
not later than within 30 days prior to the expiry of the EU Blue Card validity period
(Article 190 paragraph 1);
4) upon the expiry of the period of two years, he or she fails to notify the Ministry of
the change of employer within eight days from the date of the change of employer
(Article 191 paragraph 2).
XVI. TRANSITORY AND FINAL PROVISIONS
Deadline for the adoption of by-laws
Article 216
The regulations for the implementation of this Law shall be adopted within six months
from the date of entry into force of this Law.
Until the adoption of the regulations referred to in paragraph 1 of this Article, the
effective by-laws adopted under the Foreign Nationals Law ("Official Gazette of
Montenegro ", Nos. 56/14, 28/15 and 16/16) shall be applied, unless contrary to this Law.
Resolving initiated proceedings
Article 217

Proceedings initiated before the entry into force of this Law shall be completed
pursuant to regulations valid until the entry into force of this Law.
Proceedings initiated upon the applications for the issuing of a long-term residence
or a temporary residence permit in accordance with Articles 105a and 105b of the
Foreign Nationals Law ("Official Gazette of Montenegro ", Nos. 82/08, 72/09, 32/11,
53/11, 27/13 and 61/13), which were filed until 31 December 2014, for the internally
displaced persons from Kosovo who have temporarily kept the status in accordance
with the Decision on the Temporary Retention of the Status of Displaced and Internally
Displaced Persons in Montenegro ("Official Gazette of Montenegro", number 46/06),
shall be completed in accordance with that Law.
The persons referred to in paragraph 2 of this Article, who are issued a long-term
residence permit, after the expiry of its validity shall be issued a permanent residence
permit in accordance with Article 91 of this Law, whereby in the procedure for the
issuing of such permit, they shall be obliged to submit the issued long-term residence
permit.
The persons referred to in paragraph 2 of this Article, who are issued a temporary
residence permit for up to three years, in accordance with Article 105a paragraph 1 and 2
of the Foreign Nationals Law ("Official Gazette of Montenegro", Nos. 82/08, 72/09,
32/11, 53/11, 27/13 and 61/13), shall be issued a permanent residence permit in
accordance with Article 220 paragraph 1 of this Law.
Validity of documents issued according to the previous regulations
Article 218
A personal identity card of a foreign national who was granted long-term residence, a
permanent residence permit for a foreign national who was granted permanent
residence, a temporary residence permit for a foreign national who was granted
temporary residence, temporary residence and work permit for a foreign national who
was granted temporary residence and work, a travel document for a stateless person, an
emergency travel document for a foreign national , a special identity card and a special
identification document for a foreign national whose compulsory residence was
pronounced, which have been issued according to regulations effective to date, shall be
valid until the expiry of the period for which they have been issued.
Issuing of a permanent residence permit
Article 219
The foreign nationals who until the date of entry into force of this Law were issued a
personal identity card for a foreign national who was granted a long-term residence or a
permanent residence permit, shall be issued a permanent residence permit in accordance
with Article 91 of this Law, after the expiry of the validity period of such documents.
In the procedure upon the application for the extension of permit, the foreign national
referred to in paragraph 1 of this Article shall submit a personal identity card issued to
foreign nationals i.e. a permanent residence permit for which the validity period has
expired.
A temporary residence granted in accordance with previously valid regulations shall
be taken into account when defining the time necessary for granting permanent residence
referred to in Article 86 paragraph 1 of this Law.
Internally displaced persons
Article 220
The foreign national who, until the date of entry into force of this Law, was issued a
temporary residence permit of up to three years, in accordance with Article 105a
paragraph 1 and 2 of the Foreign Nationals Law ("Official Gazette of Montenegro ", nos.
82/08, 72/09, 32/11, 53/11, 27/13 and 61/13), shall be issued a permanent residence
permit if within the validity period of such permit he or she acquires a travel document
issued by the country of origin and files the application for the issuing of a permanent
residence permit, in accordance with this Law.
A person referred to in paragraph 1 of this Article and a person to whom the permit is
issued in accordance with Article 217 paragraph 4 of this Law, may work in Montenegro
for up to three years, until the expiry of the validity period of a temporary residence
permit issued in accordance with Article 105a paragraphs 1 and 2 of the Foreign
Nationals Law ("Official Gazette of Montenegro ", nos. 82/08, 72/09, 32/11, 53/11,
27/13 and 61/13).
Application of particular provisions
Article 221
The provisions of Article 50 paragraph 5, Article 67 paragraph 1 items 5, 6 and 7,
Article 115, Articles 120, 121 and 122, Articles 150 through 203, Article 210 paragraph
1 items 12, 13 and 14 and Article 215 of this Law shall be applied from the date of
accession of Montenegro to the European Union.
The provision of Article 81 of this Law shall apply as of 1 January 2020.
Article 79 of this Law shall apply to the filing of application for issuing a temporary
residence and work permit for seasonal work and to the delivery of such permit until 31
December 2019, whereby the foreign national shall submit the evidence of justification
of the grounds for application as per Article 69 of this Law.
Termination of application of the previous laws
Article 222
On the date of entry into force of this Law, the Foreign Nationals Law shall cease to
be effective ("Official Gazette of Montenegro", Nos. 56/14, 28/15 and 16/16).
Coming into force
Article 223
This Law shall enter into force on the eighth day from the date of its publishing in the
"Official Gazette of Montenegro ".

Number: 24-3/17-1/7
EPA 342 XXVI
Podgorica, 14 February, 2018
The 26th Convocation of the Parliament of Montenegro
President,
Ivan Brajović, signed